(Download) "People v. Mordican" by Supreme Court of Illinois ~ Book PDF Kindle ePub Free
eBook details
- Title: People v. Mordican
- Author : Supreme Court of Illinois
- Release Date : January 01, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
After a jury trial, the defendant, Gus Mordican, was convicted in the circuit court of Cook County of unlawful use of a weapon because he had in his possession a sawed-off shotgun (Ill. Rev. Stat. 1969, ch. 38, par. 24-1(a)(7)). He was sentenced to serve a term of two to five years in the penitentiary. He was then on probation as the result of conviction for an earlier, unrelated offense. Because of the present conviction, his probation was revoked, and for the earlier offense he was sentenced to serve a term of one to two years, to run consecutively to the sentence for the present offense. The defendant appealed from both judgments, and the appeals were consolidated. The Appellate Court, First District, reversed the judgment of conviction and the probation revocation, and remanded for a new trial. (33 Ill. App.3d 196.) We allowed the State's petition for leave to appeal. The principal issue arises out of the admission into evidence of a shotgun that police officers found on December 29, 1970, when they entered an apartment occupied by the defendant. The defendant contends that since the officers had neither a search warrant nor a warrant for his arrest, the search for and the seizure of the gun were unlawful, and the weapon as well as testimony concerning it should have been excluded. The trial court rejected that contention.
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