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THE PEOPLE v. ROWLAND

No. 38502.

36 Ill.2d 311 (1967)

223 N.E.2d 113

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. JESSE ROWLAND, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed January 19, 1967.

Attorney(s) appearing for the Case

FRED H. DICKSON, of Aurora, appointed by the court, for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and HENRY S. DIXON, State's Attorney, of Dixon, (FRED G. LEACH, Assistant Attorney General and KELLY KAPPLER, Assistant State's Attorney, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

Defendant, Jesse Rowland, was tried by a jury in the circuit court of Lee County and convicted of knowingly possessing marijuana, a narcotic drug. He was sentenced to the penitentiary for a term of 5 to 10 years and now seeks review. A constitutional question is involved.

At the time of defendant's arrest, on November 14, 1962, a search of his person produced an envelope...

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