(DOWNLOAD) "People v. Taylor" by Supreme Court of Illinois * Book PDF Kindle ePub Free
eBook details
- Title: People v. Taylor
- Author : Supreme Court of Illinois
- Release Date : January 30, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
In this case we have heretofore granted defendant's petition for leave to appeal from a decision of the Appellate Court for
the First District. 124 Ill. App.2d 268. On November 12, 1968, a search warrant was issued for the defendant's residence which was searched pursuant to the warrant
and a quantity of narcotic drugs seized. The defendant was arrested and charged with unlawful possession of narcotic drugs.
On December 2, 1968, a judge of the circuit court of Cook County pursuant to motion made by the defendant entered an order
quashing the search warrant and suppressing the evidence seized. Thereafter, on December 16, 1968, the grand jury of Cook
County returned an indictment against the defendant charging him with unlawful possession of a narcotic drug. This indictment
involves the same circumstances and the same evidence as were involved in the previous proceeding. After indictment the defendant
again moved to suppress the evidence on the basis of the previous order quashing the search warrant and suppressing the evidence
contending that the question had been previously adjudicated, that no appeal had been taken therefrom by the State and the
ruling was therefore binding on the trial court. The trial court sustained the defendant's motion holding that the previous
ruling was binding. The State appealed directly to this court and we transferred the same to the appellate court because,
although the order was appealable under Supreme Court Rule 604, it was not a final judgment and we had no jurisdiction on
direct appeal. See People v. Lerch, 34 Ill.2d 305.