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PEOPLE EX REL. WALLER v. 1990 FORD BRONCO

No. 75810.

634 N.E.2d 747 (1994)

158 Ill.2d 460

199 Ill.Dec. 694

The PEOPLE ex rel. Michael J. WALLER, State's Attorney of Lake County, Appellant, v. 1990 FORD BRONCO (Vincent Puccio, Appellee).

Supreme Court of Illinois.

March 24, 1994.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Springfield, and Michael J. Waller, State's Atty., Waukegan (Norbert J. Goetten, William L. Browers and Mary Beth Burns, of the Office of the State's Attys. Appellate Prosecutor, Elgin, of counsel), for the People.

Marc W. Martin, Genson, Steinback & Gillespie & Martin, Chicago, and Robert J. Fox, Ori, Fox, Lunardi & Zeit, Waukegan, for appellee.

Justice HARRISON delivered the opinion of the court:

The State filed a complaint in the circuit court of Lake County pursuant to section 1.25 of the Wildlife Code (Ill.Rev.Stat.1991, ch. 61, par. 1.25) to obtain, by forfeiture, a 1990 Ford Bronco automobile, a shotgun, and a handgun with scope, all of which are owned by Vincent Puccio. On Puccio's motion, the circuit court dismissed the action on the grounds that section 1.25 of the Code is unconstitutional and therefore...

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