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People v. Mcgowan

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eBook details

  • Title: People v. Mcgowan
  • Author : Supreme Court of Illinois
  • Release Date : January 30, 1977
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

The defendant, James J. McGowan, was convicted of one count of unlawful use of a weapon, a Class A misdemeanor (Ill. Rev. Stat. 1973, ch. 38, pars. 24-1(a)(4), 24-1(b)), in the circuit court of Peoria County. The Appellate Court, Third District, affirmed (45 Ill. App.3d 61), and we granted the defendant's petition for leave to appeal. The only questions before us in this appeal concern whether the trial court erred in denying the defendant's motions to suppress certain evidence (including the weapon in question). The defendant initially made a pretrial motion to suppress that evidence, then repeated his objection both at trial and in a post-trial motion. He contends that said evidence was obtained in violation of two provisions of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1973, ch. 38, pars. 107-14, 108-1.01) governing the temporary questioning of suspects without arrest, and searches during such questioning. We find that the officers complied with those provisions, and we therefore affirm the defendant's conviction.


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