People v. Melson

Mr. PRESIDING JUSTICE CARTER

delivered the opinion of the court:

The State appeals from an order of the Circuit Court of Madison County dismissing an indictment returned against Dave Melson charging him with the unlawful delivery of a controUed substance, PCP. The trial court ruled that the grand jury could not have found probable cause if they had been properly instructed on the law. The flaw in the indictment, according to the trial court, was the lack of evidence before the grand jury tending to show knowledge on the part of the defendant as to the actual composition of the substance he sold…