(DOWNLOAD) "People v. Birge" by And Vacated in Part and Remanded Illinois Appellate Court — Second District Affirmed in Part * Book PDF Kindle ePub Free
eBook details
- Title: People v. Birge
- Author : And Vacated in Part and Remanded Illinois Appellate Court — Second District Affirmed in Part
- Release Date : January 23, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Defendant, Jimmie L. Birge, was convicted in a bench trial of the Class 3 felony of unlawful possession of more than 500 grams of cannabis (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 704(e)), and of the Class 2 felony of unlawful possession of the same substance and amount with an intent to deliver (Ill. Rev. Stat. 1981, ch. 56 1/2, par. 705(e)). He was sentenced to three years' imprisonment. Defendant appeals, contending: (1) the court erred in denying him an evidentiary hearing under Franks v. Delaware (1978), 438 U.S. 154, 57 L.Ed.2d 667, 98 S.Ct. 2674; (2) the court erred in allowing a police officer to testify to defendant's oral statements which had not been disclosed in discovery; (3) the State failed to prove his guilt beyond a reasonable doubt; and (4) his sentence should be vacated because the court considered improper matters.