People v. Collins

Illinois Supreme Court

People v. Collins

278 N.E.2d 792, 50 Ill. 2d 295, 1972 Ill. LEXIS 482

CourtIllinois Supreme Court

DecidedJanuary 28, 1972

DocketNo. 44404

StatusPublished

Cited by4 cases

This text of 278 N.E.2d 792 (People v. Collins) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Collins, 278 N.E.2d 792, 50 Ill. 2d 295, 1972 Ill. LEXIS 482 (Ill. 1972).

Pincite

Opinion

MR. JUSTICE KLUCZYNSKI

delivered the opinion of the court:

After a bench trial in the circuit court of Cook County, defendant was convicted of unlawful possession of a narcotic drug, marijuana, (Ill.Rev.Stat. 1969, ch. 38, par. 22 — 3) and sentenced to two years probation. She appealed to this court contending that the evidence seized was a product of an illegal search and that the trial court erred in allowing the prosecution to present evidence that had been previously suppressed at a preliminary hearing. Thereafter we allowed defendant’s motion to supplement her brief by raising the issue heretofore decided by this court in People v. McCabe, 49 Ill.2d 338, in which we held that the portion of the Narcotic Drug Act (Ill.Rev.Stat. 1969, ch. 38, par. 22 — 1 et seq.) as it pertains to marijuana is unconstitutional.

In compliance with our ruling in McCabe we reverse the judgment of the circuit court of Cook County.

Judgment reversed.

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MR. JUSTICE KLUCZYNSKI

delivered the opinion of the court:

After a bench trial in the circuit court of Cook County, defendant was convicted of unlawful possession of a narcotic drug, marijuana, (Ill.Rev.Stat. 1969, ch. 38, par. 22 — 3) and sentenced to two years probation. She appealed to this court contending that the evidence seized was a product of an illegal search and that the trial court erred in allowing the prosecution to present evidence that had been previously suppressed at a preliminary hearing. Thereafter we allowed defendant’s motion to supplement her brief by raising the issue heretofore decided by this court in People v. McCabe, 49 Ill.2d 338, in which we held that the portion of the Narcotic Drug Act (Ill.Rev.Stat. 1969, ch. 38, par. 22 — 1 et seq.) as it pertains to marijuana is unconstitutional.

In compliance with our ruling in McCabe we reverse the judgment of the circuit court of Cook County.

Judgment reversed.

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Bluebook (online)

278 N.E.2d 792, 50 Ill. 2d 295, 1972 Ill. LEXIS 482, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-collins-ill-1972.

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