People v. Simon

Mr. PRESIDING JUSTICE LINN

delivered the opinion of the court:

At the conclusion of a hearing on defendant’s motion to quash the indictment charging him with delivery of less than 30 grams of cocaine (Ill. Rev. Stat. 1977, ch. 56M, par. 1401(b)), the trial court dismissed the indictment. The sole issue on appeal is whether the trial court’s dismissal of the indictment is manifestly erroneous. We hold that it is and we reverse and remand.

The indictment sets forth the offense as follows:

“Louis Angelopoulos 1 and Richard Simon committed the offense of delivery of [a] controlled substance in that…