People v. Avery

In the circuit court of Winnebago County, the defendant, Bruce F. Avery, was charged by way of complaint with a violation of section 406(a)(1) of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1973, ch. 561/2, par. 1406(a)(1)), in that, on March 12, 1974, he knowingly and not in good faith dispensed a controlled substance, diethylpropion, to Edward J. Doyle, by issuing a prescription to Doyle. The defendant moved to dismiss the complaint. The trial court granted the motion, concluding that there was no offense on the basis that any rule issued by the Director of Law Enforcement…