Supreme Court of Illinois

In an action for unlawful possession of a stolen motor vehicle under section 4-103(a)(1) of the Illinois Vehicle Code, dismissal the indictment is reversed where the circuit court acted prematurely in holding the statute unconstitutional in a situation in which: 1) no facts had been found at a trial; and 2) the supreme court had previously indicated that the statute at issue cannot be viewed as invalid without first examining the facts of each case.

Appellate Information

• Decided 12/15/2005
• Published 12/15/2005

Judges

• Justice KILBRIDE delivered the opinion of the court:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Lisa Madigan, Attorney General, Springfield, and Joseph E. Birkett, State's Attorney, Wheaton (Gary Feinerman, Solicitor General, and Linda D. Woloshin and David H. Iskowich, Assistant Attorneys General, Chicago, of counsel), for the People.


• For Appellees:
  
• George Patrick Lynch, Lisle, for appellee.