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PEOPLE v. GRAF

Gen. No. 51,911.

93 Ill. App.2d 43 (1968)

235 N.E.2d 886

People of the State of Illinois, Appellant, v. James E. Graf, Appellee.

Appellate Court of Illinois — First District, Third Division.

March 7, 1968.

Attorney(s) appearing for the Case

John J. Stamos, State's Attorney of Cook County, of Chicago (Elmer C. Kissane, Alvah Morse, and James Zagel, Assistant State's Attorneys, of counsel), for appellant.

Marshall Kaplan, Kaplan and Kaplan, of Chicago, for appellee.

MR. JUSTICE SULLIVAN delivered the opinion of the court.

This is an appeal taken by the People of the State of Illinois from an order dismissing the complaint on the ground that the section under which the defendant was charged does not in any way prescribe a penalty. It is the State's theory that the Illinois Liquor Control Act (commonly called the Dram Shops Act) (Ill. Rev Stats 1965, c 43) is a penal statute, and that in this case section 140 of the Dram Shops...

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