People v. Collins
THE PEOPLE OF THE STATE OF ILLINOIS v. LINDA COLLINS
Opinion of the Court
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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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