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PEOPLE v. MILLER

No. 80-741.

100 Ill. App.3d 122 (1981)

426 N.E.2d 609

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. SCOTT LEE MILLER, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed September 15, 1981.

Attorney(s) appearing for the Case

Robert Morrow, State's Attorney, of Geneva (Phyllis J. Perko and William L. Browers, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Mary Robinson and David S. Morris, both of State Appellate Defender's Office, of Elgin, for appellee.

Reversed and remanded.

Mr. JUSTICE VAN DEUSEN delivered the opinion of the court:

The State appeals from an order of the circuit court of Kane County quashing the indictment against the defendant, Scott Lee Miller. The indictment returned by the grand jury had charged the defendant with reckless homicide. (Ill. Rev. Stat. 1979, ch. 38, par. 9-3(a).) The defendant filed a motion to quash the indictment. The defendant's motion recited that it was brought pursuant...

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