APPEAL from the Circuit Court of Cook County; the Hon. ARTHUR
V. ZELEZINSKI, Judge, presiding.
MR. PRESIDING JUSTICE BURMAN DELIVERED THE OPINION OF THE COURT:
Rehearing denied September 30, 1974.
The defendant, Patrick Scott, was charged in two separate complaints with knowingly and unlawfully having in his possession certain controlled substances, "To Wit: Dangerous Drugs," and heroin, both "otherwise than as authorized in the Illinois Controlled Substances Act, in violation of Chapter 56 1/2 Section 1402 Illinois Revised Statute * * *." A motion to suppress evidence was made by defendant and denied. The defendant pleaded not guilty, waived a jury trial and was found guilty as charged. He was sentenced to serve six months at the Illinois State Farm at Vandalia on each charge concurrently and he appeals.
The issues presented by defendant for review are (1) whether the complaint relating to possession of "Dangerous Drugs" sufficiently states an offense and (2) whether the State completely failed to sustain its burden of proving, under either complaint, that the suspected substances seized were in fact controlled substances.
We briefly relate the evidence leading up to the arrest of the defendant. On April 5, 1972, Officer Blahusiak, who was the only witness for the State, testified that he was touring an area looking for suspects who had robbed and beaten a man. The victim and his wife were in the squad car. They pointed out three boys who were walking down the street, one of them the defendant. The officer stopped the car and observed that the defendant threw something on the ground from his left pocket. It was night time and with the aid of a flashlight he said he found three tin foil packets and five or six pills about five or ten feet from where the defendant was standing. He stated that the victim of the robbery thereafter said these were not the boys who robbed and beat him, although his wife insisted that they were the ones.
We do not reach the issue of whether the complaint relating to the possession of "Dangerous Drugs" is sufficient to state an offense. This is so because the defendant's second contention that the State did not sustain its burden of proving, under either complaint, that the substances seized were controlled substances must be sustained.
The entire evidence in the record relating to this issue is contained in the following testimony of Officer Blahusiak, under direct examination by the Assistant State's Attorney.
"Q. Officer, did you have occasion to take the contraband recovered from the street to the crime laboratory for analysis?
Q. And, officer, did you submit it under case number 72-4520-C?
Q. Officer, calling your attention to a laboratory report under that case number dated the 10th of April, 1972, under the hand Charles Vondrak, chemist, did he have occasion to find the three tin foil packets contained white powder, had a total weight of .58 grams, .50 grams and .55 grams of, respectively?
Q. And also that the evidence was found to be heroin, ...