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PEOPLE v. MILLER

No. 78983.

664 N.E.2d 1021 (1996)

171 Ill.2d 330

216 Ill.Dec. 93

The PEOPLE of the State of Illinois, Appellant, v. Heather K. MILLER, Appellee.

Supreme Court of Illinois.

March 28, 1996.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Criminal Appeals Div., Springfield (Barbara A. Preiner, Solicitor General, and Arleen C. Anderson and Michael A. Hurst, Asst. Attorneys General, Chicago, of counsel), for the People.

David H. Towns, The Law Offices of David H. Towns, Belvidere, for Heather K. Miller.

Justice MILLER delivered the opinion of the court:

Defendant, Heather K. Miller, was charged by information in the circuit court of Boone County with concealing a fugitive in violation of section 31-5 of the Criminal Code of 1961 (720 ILCS 5/31-5 (West 1994)). Defendant filed a motion to dismiss the information. The circuit court granted the motion, holding that the concealment statute was unconstitutional under the proportionate penalties clause of the Illinois Constitution...

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