People v. James

The State appeals from an order suppressing evidence which was entered at a preliminary hearing of a felony case. (See Ill. Rev. Stat. 1975, ch. 110A, par. 604(a) (1).) It contends that the associate judge who entered the order was without jurisdiction to try the offense and therefore was without power to enter the suppression order. It alternatively contends that based on the evidence the court erred in entering the suppression order.

The defendants were charged with possession of more than 30 grams of a substance containing cannabis (Ill. Rev. Stat. 1975, ch. 56½, par. 704(d)), a Class 4…