People v. Gilbreath

George Gilbreath seeks here a reversal of the judgment entered in the criminal court of Cook County wherein he was sentenced to serve 25 years in the penitentiary. He was found guilty, after a trial before the court without a jury, of the crime of selling two capsules of heroin, a narcotic drug, to a person under 21 years of age.

The prosecution was predicated upon an alleged violation of section 23 of the Uniform Narcotic Drug Act, (Ill. Rev. Stat. 1951, chap. 38, par. 192.23,) which states: “Whoever violates this Act by selling, * * * or dispensing any narcotic drug to any person under 21…