People v. Kelly

Following a jury trial, defendant was convicted of possession of a controlled substance with intent to deliver and sentenced to five years in the penitentiary. (Ill. Rev. Stat. 1981, ch. 561k, par. 1401(b).) On appeal, defendant contends he was entitled to an evidentiary hearing on his motion to quash a search warrant since his affidavit sufficiently alleged deliberate falsehood in the affidavit for the warrant and because there were uninitialed changes in the affidavit.

The affidavit for the search warrant stated in relevant part:

“I Chicago Police Detective Joseph Blass on 5 July 1981 have…