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PEOPLE v. HEINRICH

No. 59239.

104 Ill.2d 137 (1984)

470 N.E.2d 966

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. PAUL HEINRICH, Appellee.

Supreme Court of Illinois.

Rehearing denied November 30, 1984.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Ronald C. Dozier, State's Attorney, of Bloomington (Robert J. Biderman and Linda Welge, of the State's Attorneys Appellate Service Commission, of Springfield, of counsel, and Kenneth R. Baumgarten, law student), for the People.

John Tielsch, of Bloomingdale, William Marshall, of Williamsburg, Virginia, and Jeffrey M. Shaman, of Chicago (Donald Burak, Laura Kerton, Frank Lang, and Joyce Olin, of Chicago, law students), for appellee.

Reversed and remanded.

JUSTICE MORAN delivered the opinion of the court:

Defendant, Paul Heinrich, was charged by information in McLean County with two counts of criminal defamation under the Criminal Code of 1961 (Ill. Rev. Stat. 1981, ch. 38, par. 27-1). He moved to dismiss the information, and after a hearing, the circuit court declared the criminal defamation statute unconstitutional and dismissed the charges...

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