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PEOPLE v. WEISSINGER

No. 79-704.

90 Ill. App.3d 700 (1980)

413 N.E.2d 497

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ROMAN WEISSINGER, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed November 26, 1980.

Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Edmund P. Bart and Robert L. Thompson, Assistant State's Attorneys, of counsel), for the People.

A.J. Marco, of Marco & Mannina, of Downers Grove, for appellee.

Judgment affirmed.

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

The State has appealed from a pretrial order which suppressed the analysis of blood taken from defendant without his consent following an accident which led to an indictment charging him with reckless homicide.

While a question had been raised whether the trial court suppressed the evidence on statutory or constitutional grounds, the distinction does not affect...

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