People v. Tate

Mr. PRESIDING JUSTICE DOWNING

delivered the opinion of the court:

The State appeals the trial court’s dismissal of an indictment on the theory that a preliminary hearing had in fact placed defendant, James Tate, in jeopardy, therefore barring further prosecution. Defendant was charged in a sworn complaint with the offense of gambling (Ill. Rev. Stat. 1973, ch. 38, par. 28—1(a)(8)) on October 29, 1974. The complaint also alleged that defendant had been convicted of the same offense on October 2, 1974. Thus the complaint charged defendant with the commission of a felony under section 28—1(c) of…