People v. Mudd

This is an appeal by the defendant from an order of the trial court directing the confiscation and destruction of his gun which was seized at the time of his arrest.

The defendant, charged with illegal use of a weapon under section 24— 1 of the Criminal Code of 1961 (Ill. Rev. Stat. 1975, ch. 38, par. 24— 1(a)(10)), was tried and found not guilty by a jury. After his acquittal, the judge denied a motion for the return of his gun and instead ordered the gun confiscated and destroyed. A subsequent motion to vacate that order was rejected. During argument on this second motion the State…