People v. Robinson

Mr. PRESIDING JUSTICE CRAVEN

delivered the opinion of the court:

The State appeals an order of the circuit court of Champaign County dismissing a count of an indictment.

The dismissed count so far as here relevant charges the defendant with the illegal sale of narcotic drugs in that he did knowingly agree, consent, or offer to sell certain narcotic drags to a named person and then did sell a non-narcotic substance or material in violation of Ill. Rev. Stat. 1969, ch. 38, par. 22 — 3.

Paragraph 22 — 3 of chapter 38, Ill. Rev. Stat. 1969, declares that it is unlawful for any person to sell,…