People v. O'NEIL

Mr. PRESIDING JUSTICE SMITH

delivered the opinion of the court:

Defendant’s conduct resulted in two prosecutions, one by the City and the other by the State. The gist of both charges was unlawful use of weapons in violation of a municipal ordinance and par. 24 — 1 (a) (3) of the Criminal Code. On the ordinance violation, a motion to suppress evidence was allowed. The City did not appeal. Defendant next moved on the basis of such allowance to suppress the same evidence on the State charge, such was allowed and the State appeals.

No question is involved here as to the propriety of the search and…