People v. Smith

Defendant, Henry Lee Smith, was found guilty by a jury in the circuit court of Peoria County of the offense of unlawful use of weapons in violation of section 24—1(a)(10) of the Criminal Code of 1961 (Ill. Rev. Stat. 1973, ch. 38, par. 24-1(a)(10)).

Defendant was sentenced to a term of imprisonment of not less than three nor more than nine years. On appeal, the appellate court affirmed the judgment. (45 Ill. App. 3d 66.) We granted leave to appeal pursuant to Rule 315 (58 Ill. 2d R. 315) of this court.

The issues are: (1) Was the revolver, located in a locked glove compartment of defendant’s…