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PEOPLE v. NASH

No. 79451.

672 N.E.2d 1166 (1996)

173 Ill.2d 423

220 Ill.Dec. 154

The PEOPLE of the State of Illinois, Appellant, v. Shandra NASH et al., Appellees.

Supreme Court of Illinois.

October 18, 1996.

Attorney(s) appearing for the Case

James Ryan, Attorney General, Springfield, and Jack O'Malley, State's Attorney, Chicago (Arleen C. Anderson, Assistant Attorney General, Chicago, and Renee Goldfarb, Peter D. Fischer, Susan Schierl, Robert Robertson and Janet Powers Doyle, Assistant State's Attorneys, of counsel), for the People.

Susan S. Sher, Corporation Counsel, Chicago (Lawrence Rosenthal, Benna Ruth Solomon and Timothy Joranko, Assistant Corporation Counsel, of counsel), for intervenorappellant City of Chicago.

Rita A. Fry, Public JJetenoer, onicago (Thomas M. Donnelly and Dimitri J. Kapetan, Assistant Public Defenders, of counsel), for appellees.

Justice HARRISON delivered the opinion of the court:

Shandra Nash, Richard Fuller, and Michael Johnson were arrested by Chicago police and charged by complaint with violating section 25-1 (a)(2) of the Criminal Code of 1961, a subsection of the mob action statute prohibiting "[t]he assembly of 2 or more persons to do an unlawful act." 720 ILCS 5/25-1(a)(2) (West 1992). Following a hearing, the circuit court of Cook County dismissed the complaints, holding that the...

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