People v. Newberry

JUSTICE FREEMAN,

also dissenting:

We are here asked to decide whether the trial court’s dismissal of the indictment in this case was proper. People v. Fassler (1992), 153 Ill. 2d 49, 58, holds that in addition to those bases enumerated in section 114 — 1(a) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1991, ch. 38, par. 114 — 1(a)), a trial court has discretion to dismiss an indictment only where the failure to do so will either effect a deprivation of due process or result in a miscarriage of justice. The majority concludes that the State’s destruction of the alleged controlled…