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120 Ill. App. 2d 170

People v. McGary

Appellate Court of Illinois

Decided March 2, 1970

Appellate Court of Illinois · decided 1970-03-02

Good law ✅— No negative treatment on recordhow we know

Decided 1970-03-02

How this case has been cited

Cited by 5 later decisions — most recently June 2000

5 state decisions

201970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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MR. JUSTICE ABRAHAMSON

¶1delivered the opinion of the court.

¶2The defendant was indicted for the unlawful sale of narcotic drugs by the grand jury of Kane County. Thereafter, the attorney for the defendant filed a motion with the trial court to order the prosecution to furnish a list of all prosecution witnesses and their last known addresses, including home addresses. The trial judge ruled that the state must furnish a list of all witnesses and their last known addresses but that they need not furnish the home addresses of such witnesses who were state narcotic agents. The order further found that “. . . an immediate appeal from this Order may materially advance the ultimate termination of this litigation and that the defendant may take an immediate appeal from this Order. . . .”

¶3Under section 304 of the Supreme Court Rules (Ill Rev Stats 1967, c 110A, par 304) an appeal “may be taken from a final judgment as to one or more but fewer than all of the parties or claims only if the trial court has made an express written finding that there is no just reason for delaying enforcement or appeal.” However, not all civil appeals rules apply to criminal appeals.

¶4Section 612 of the Supreme Court Rules (Ill Rev Stats 1967, c 110A, par 612) enumerates those civil appeals rules that are applicable to criminal appeals and Rule 304 is not among them.

¶5For that reason we must conclude that the order of the trial court was not appealable despite the language contained therein and that this appeal should be dismissed.

¶6Appeal dismissed.

¶7DAVIS, P. J. and MORAN, J., concur.

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