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3 Ill. App. 3d 230

People v. Will

Appellate Court of Illinois

Decided December 22, 1971

Appellate Court of Illinois · decided 1971-12-22

Cited by 2 later decisions — most recently December 1979

2 state decisions

Relies on 49 Ill. 2d 338 - The People v. McCabe

Good law ✅— No negative treatment on recordhow we know

Decided 1971-12-22

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Mr. JUSTICE BURMAN

¶1defivered the opinion of the court:

¶2The defendant, Erhard W. WiH, was charged by information with the commission of the offense of possession of marijuana. Police officers stopped his automobile for a traffic violation. They found a plastic vial containing marijuana in the glove compartment of his car. At a preliminary hearing he pleaded guilty to the charge. He was granted probation for a period of two years, the first fifteen days to be served in the House of Correction. The defendant appeals.

¶3In October 1971, the Supreme Court in People v. McCabe, 49 Ill.2d 338 No. 43994, 1971, held invalid that portion of the Narcotic Drug Act relating to marijuana. See also People v. Hudson, (Ill.2d). Therefore, the judgment of the Circuit Court is reversed.

¶4Judgment reversed.

¶5ADESKO, P. J., and DIERINGER, J., concur.

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