People v. Clutts

Mr. JUSTICE GEORGE J. MORAN

delivered the opinion of the court:

The State appeals from a judgment of the circuit court of Jackson County finding the defendants, William Clutts and Willard Biermann, guilty of the delivery of less than 200 grams of a controlled substance in violation of section 401 of the Controlled Substances Act (Ill. Rev. Stat. 1973, ch. 56/2, par. 1401).

In the indictment the State sought to charge the defendants with the Class 1 felony of delivery of 200 grams or more of a substance containing amphetamines pursuant to section 401(a)(6) of the Controlled Substances Act (Ill.…