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PEOPLE EX REL. SPENCER v. ONE 1978 PONTIAC AUTO.

Nos. 3-92-0359, 3-92-0360 and 3-92-0361.

610 N.E.2d 142 (1993)

242 Ill. App.3d 411

182 Ill.Dec. 718

The PEOPLE of the State of Illinois, ex rel. Gary L. SPENCER, State's Attorney of Whiteside County, Petitioner-Appellant, v. ONE 1978 PONTIAC AUTOMOBILE, VIN # 2L69Y8P243561, and Stephen C. McNitt, Respondent-Appellee (One 1973 Ford Automobile, Yin # 3K92L141604, and James E. Lake, and One 1976 Oldsmobile Automobile, Vin # 3X37T6M197104, and Jack Hart, Respondents-Appellees).

Appellate Court of Illinois, Third District.

March 8, 1993.

Attorney(s) appearing for the Case

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Gary L. Spencer, State's Atty. of Whiteside County, Morrison, Gary F. Gnidovec (argued), State's Attys. Appellate Prosecutor, Ottawa, for the people.

Walter C. Kilgus, Nelson, Kilgus, Richey & Hauptman, Morrison, for Steven C. McNitt.

Justice SLATER delivered the opinion of the court:

On March 27, 1992, individual complaints for forfeiture were filed against one 1978 Pontiac, one 1973 Ford and one 1976 Oldsmobile pursuant to section 36-1 of the Criminal Code of 1961 (the Code) (Ill.Rev. Stat.1991, ch. 38, par. 36-1). The complaints alleged that each vehicle was used by its owner in the commission of the offense of gambling (Ill.Rev.Stat.1991, ch. 38, par. 28-1). Each of the vehicles' owners stipulated...

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