People v. Nance

Anthony Nance was arrested by Chicago police and charged by complaint with violating section 25 — 1(a)(2) of the Criminal Code of 1961, a subsection of the mob action statute prohibiting “[t]he assembly of 2 or more persons to do an unlawful act.” 720 ILCS 5/25 — 1(a)(2) (West 1996). Following a hearing, the circuit court of Cook County dismissed the complaint with prejudice, holding that the statute violates the first and fourteenth amendments to the United States Constitution (U.S. Const., amends. I, XIV). The State appealed the dismissal. 145 Ill. 2d R. 604(a)(1). Because a statute of this…