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PEOPLE v. HAAG

No. 78-425.

80 Ill. App.3d 135 (1979)

399 N.E.2d 284

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. GILBERT L. HAAG, JR., Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed December 28, 1979.

Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Phyllis J. Perko, of State's Attorneys Appellate Service Commission, of counsel), for the People.

Mary Robinson and Josette Skelnik, both of State Appellate Defender's Office, of Elgin, for appellee.

Reversed and remanded.

Mr. JUSTICE NASH delivered the opinion of the court:

The State appeals from an order of the circuit court of Du Page County dismissing an indictment against the defendant, Gilbert L. Haag, on the ground his right to due process was violated.

The grand jury of Du Page County returned the indictment on February 2, 1978, charging defendant with delivery of a substance represented to be a controlled substance in violation of section...

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