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PEOPLE v. GAINES

No. 80-1231.

104 Ill. App.3d 974 (1982)

433 N.E.2d 970

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WILLIE JAMES GAINES, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed March 8, 1982.

Attorney(s) appearing for the Case

Ralph Ruebner, of State Appellate Defender's Office, of Chicago (Alan M. Freedman and Bruce H. Bornstein, both of Freedman & Bornstein, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Dean C. Morask, and John A. Ward, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

JUSTICE O'CONNOR delivered the opinion of the court:

Defendant Willie Gaines was indicted on January 7, 1974, for the murder of Charles Polk. His first trial, in September 1977, ended in a mistrial because of a hung jury. After a second jury trial, defendant was convicted of murder and sentenced to 20-40 years imprisonment and fined $1,800. Defendant appeals, contending that (1) comments made by the prosecutor during closing argument constituted...

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