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PEOPLE v. HIEBER

Nos. 2-92-1012, 2-92-1013.

629 N.E.2d 235 (1994)

258 Ill. App.3d 144

195 Ill.Dec. 927

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. James H. HIEBER et al., Defendants-Appellees.

Appellate Court of Illinois, Second District.

As Modified on Denial of Rehearing March 2, 1994.

Attorney(s) appearing for the Case

James E. Ryan, DuPage County State's Atty., Barbara A Preiner, Supervisor of Appeals, DuPage Co. State Attys. Office, Wheaton, William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Mary Beth Burns, State's Attys. Appellate Service Com'n, Elgin, for the People.

Sam J. Filippo, Grief, Bus & Blacklidge, P.C, Onesto, Meltreger & Associates, James R. Meltreger, Onesto, Meltreger, Regulski & Associates, Peter A. Regulski, Chicago, for James H. Hieber.

Justice McLAREN delivered the opinion of the court:

The defendants, James J. Hieber and James H. Hieber, were charged by indictments filed November 15, 1991, with one count each of syndicated gambling (Ill.Rev. Stat.1989, ch. 38, par. 28-l.l(b) (now 720 ILCS 5/28-l.l(b) (West 1992))) and keeping a gambling place (Ill.Rev.Stat.1989, ch. 38, par. 28-3 (now codified, as amended, at 720 ILCS 5/28-3 (West 1992))). On March 9, 1992, the defendants filed a motion to quash...

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