People v. Zook

We are confronted here with the question of whether an order dismissing an information after a preliminary hearing for lack of probable cause may be appealed by the State. Although the answer is not entirely clear, we conclude such an order is not appealable.

On May 2, 1988, an information was filed in the circuit court of Ford County charging defendant Larry D. Zook with the offense of aggravated battery (Ill. Rev. Stat. 1987, ch. 38, par. 12-4(b)(6)). On May 11, 1988, a preliminary hearing was held and a finding was made that no probable cause existed. Although the record is not entirely…