The PEOPLE v. Webb

Defendant, John Webb, was indicted in the circuit court of Cook County for the offense of gambling. (Ill. Rev. Stat. 1965, chap. 38, par. 28—1(a)(8).) He waived jury trial, was convicted, and was placed on probation for a period of three years. A constitutional question gives us jurisdiction.

Defendant’s pretrial motions to bar prosecution because of former jeopardy and to quash a search warrant and to suppress evidence were denied, and defendant contends on appeal that the denial of these motions constitutes reversible error.

Defendant’s first point challenges the authority of a magistrate to…