People v. Silverstein

Mr. PRESIDING JUSTICE ADESKO

delivered the opinion of the court:

The defendants-appellees were charged on December 30, 1971, with a failure to file use tax returns and with filing fraudulent retailer’s occupation tax returns (Ill. Rev. Stat. 1971, ch. 120, pars. 439.14 and par. 452). There were six complaints filed against each of the defendants. On May 24, 1972, the defendants filed a motion to dismiss which was granted by the trial court on January 25, 1973. This appeal arises from the dismissal of all the complaints.

The defendants’ motion to dismiss alleged, inter alia, that “Prosecution,…