People v. Lerch

This cause is here on a direct appeal by the State from an order of a magistrate of the circuit court of Winnebago County granting a motion to suppress certain evidence. Although neither party has questioned our jurisdiction to entertain the appeal, we are obliged to do so, for the consent of the parties cannot give us jurisdiction.

The constitution of Illinois provides that appeals from the final judgments of circuit courts shall lie directly to the Supreme Court in certain cases and also provides that the Supreme Court may provide by rule for appeals to the appellate court from other than…