The People v. McCabe

Following a jury trial in the circuit court of Kane County the defendant, Thomas McCabe, was found guilty of the unlawful sale of marijuana in violation of the Criminal Code of Illinois. (Ill.Rev.Stat. 1969, ch. 38, par. 22 — 3.) Pursuant to the provisions for mandatory minimum penalties for the unlawful sale of a narcotic drug (Ill.Rev.Stat. 1969, ch. 38, par. 22 — 40) the defendant, who had no prior convictions, was sentenced to the penitentiary for a period of ten years to ten years and a day. On this appeal he raises these grounds for reversal: (1) the classification of marijuana in the…