People v. Mourning

Defendant Paul Mourning was charged by complaint in the Circuit Court of Schuyler County with the offense of disorderly conduct. He was not arrested at any time but was served with a summons. After entering a plea of not guilty, he filed a motion to dismiss the complaint. Upon hearing, that motion was allowed and the complaint dismissed. The People appeal.

We must first decide whether we have jurisdiction. The order dismissing the complaint is not a final order which would give the prosecution an absolute right of appeal under article VI, section 6, of the Illinois Constitution of 1970. It is…