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PEOPLE v. SMITH

Nos. 60297-98 cons.

31 Ill. App.3d 423 (1975)

333 N.E.2d 241

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. KENNETH SMITH, Defendant-Appellee.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied September 10, 1975.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Patrick T. Driscoll, Jr., and John T. Theis, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (Anthony Pinelli and Ronald P. Alwin, Assistant Public Defenders, of counsel), for appellee.

Judgment reversed.

Mr. PRESIDING JUSTICE DIERINGER delivered the opinion of the court:

This is an appeal from an order entered by the Circuit Court of Cook County granting defendant's motion to quash a search warrant and suppress evidence seized pursuant to that warrant. The State brings this appeal in accordance with Supreme Court Rule 604(a)(1).

The issues presented on appeal are (1) whether defendant, as a subscriber of Illinois Bell Telephone Company...

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