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  5. 851 N.E.2d 767 (2006)
 

PEOPLE v. QUALLS

No. 5-04-0643.

851 N.E.2d 767 (2006)

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Lorenzo O. QUALLS, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

June 5, 2006.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Larry R. Wells, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, for Appellant.

Edward C. Deters, State's Attorney, Effingham, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kendra S. Peterson, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.

Justice HOPKINS delivered the opinion of the court:

The defendant, Lorenzo O. Qualls, appeals from his conviction for possession of a deadly substance (720 ILCS 5/20.5-6 (West 2002)), arguing that anhydrous ammonia is not a "poisonous gas" within the meaning of the statute defining the offense. We agree and reverse.

BACKGROUND

Anhydrous ammonia is a commercial fertilizer regulated by the Illinois Fertilizer Act of 1961 (505 ILCS 80/1 et seq.<...

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