People v. Hudson
| Decision Date | 30 November 1971 |
| Docket Number | No. 43994,43994 |
| Citation | 50 Ill.2d 1,276 N.E.2d 345 |
| Court | Illinois Supreme Court |
| Parties | The PEOPLE of the State of Illinois, Respondent-Appellee, v. Howard C. HUDSON, Petitioner-Appellant. |
Julius Lucius Echeles and Frederick F. Cohn, Chicago, for petitioner-appellant.
William J. Scott, Atty. Gen., James B. Zagel, Asst. Atty. Gen., and Edward V. Hanrahan, State's Atty., Chicago (Robert A. Novelle, and Michael J. Goldstein, Asst. State's Attys., of counsel), for the People.
After a jury trial in the circuit court of Cook County, defendant, Howard C. Hudson, was found guilty of the unlawful sale of marijuana (Ill.Rev.Stat.1963, ch. 38, par. 22--3), and sentenced to not less than 10 nor more than 14 years imprisonment. The appellate court affirmed the conviction (People v. Hudson, 266 N.E.2d 481), and we granted leave to appeal. It is necessary to consider only one of defendant's several contentions: that the legislative classification of marijuana as a 'narcotic drug' with its attendant sentencing provisions deprived the defendant of due process and equal protection of the law and constituted cruel and unusual punishment.
A majority of this court in People v. McCabe, 49 Ill.2d 338, 275 N.E.2d 407, held that the classification of marijuana in the Narcotic Drug Act (Ill.Rev.Stat.1969, ch. 38, par. 22--1 et seq.) under which defendant was convicted, is 'arbitrary and deprives the defendant of equal protection of the law.', thereby necessitating reversal of this judgment.
The judgments of the appellate and circuit courts are reversed.
Judgments reversed.
To continue reading
Request your trial
-
State v. Hart, 14230
...persuasion upon the defendant. See People v. Hudson, 130 Ill.App.2d 1033, 1040, 266 N.E.2d 481 (1970), rev'd on other grounds, 50 Ill.2d 1, 276 N.E.2d 345 (1971), cert. denied, 405 U.S. 965, 92 S.Ct. 1176, 31 L.Ed.2d 241 (1972) ("It places a definite burden upon the defendant to prove the a......
-
Peters v. Michigan Bell Telephone Co., Docket Nos. 71928
... ... Lay testimony may be competent evidence of a mental condition. See, e.g., Beaubien v. Cicotte, 12 Mich. 459 (1864); People v. Murphy, 416 Mich. 453, 465, 331 N.W.2d 152 (1982); see also 31 Am Jur 2d, Expert and Opinion ... Page 791 ... Evidence, Sec. 85; Anno: ... ...
-
People v. Meyerowitz, s. 46588
...We consider next the People's contention that McCabe should not be given complete retroactive application. In People v. Hudson (1971), 50 Ill.2d 1, 276 N.E.2d 345, People v. Sarelli (1973), 55 Ill.2d 169, 302 N.E.2d 317, and People v. Pullum (1974), 57 Ill.2d 15, 309 N.E.2d 565, we applied ......
-
State v. Morris
...similar enactment the court said in People v. Hudson, 130 Ill.App.2d 1033, 266 N.E.2d 481, 486 (1971), rev'd on other grounds, 50 Ill.2d 1, 276 N.E.2d 345 (1971), cert. denied, 405 U.S. 965, 92 S.Ct. 1176, 31 L.Ed.2d 241 (1972): 'The language of this statute (Ill.Rev.Stat. (1965), ch. 38, §......