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People v. Persinger

Illinois Appellate Court

49 Ill. App. 3d 116 (1977)

Facts

Harold Persinger (defendant) used his public-aid medical card to procure Nembutal, a drug containing a controlled substance, from a pharmacy. The drugs were then sold by Persinger’s wife. Persinger was often present when his wife sold the drugs, and he himself participated in a sale on at least one occasion. Persinger was charged with conspiracy to unlawfully deliver a controlled substance and was found guilty by the Circuit Court of Clay County. Persinger appealed, arguing that although the evidence showed that he knew of his wife’s illegal conduct, the evidence failed to show that he entered an agreement with the intent to commit the crime of unlawful delivery.

Rule of Law

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Issue

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Holding and Reasoning (Carter, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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