People v. Tibbitts

The defendant, Jerry Tibbitts, was charged with soliciting John Kinnerk to sell his residential property after the defendant had received notice that John Kinnerk did not desire to do so. Following a hearing on the defendant’s motion to dismiss the criminal complaint, the circuit court of Cook County held the statute which the defendant was charged with violating, section 70—51(d) of the Criminal Code (Ill. Rev. Stat. 1969, ch. 38, par. 70—51(d)), unconstitutional. The State appealed directly to this court pursuant to our Rule 603. 50 Ill.2d R. 603.

Section 70 — 51 of the Criminal Code…