PEOPLE v. POTTER

No. 12404.

20 Ill. App.3d 1049 (1974)

314 N.E.2d 201

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LARRY POTTER, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied August 13, 1974.


Attorney(s) appearing for the Case

John F. McNichols and John L. Swartz, both of the State Appellate Defender's Office, of Springfield, for appellant.

Richard J. Doyle, State's Attorney, of Danville (John R. McClory, Assistant State's Attorney, of counsel), for the People.


Judgment affirmed.

MR. JUSTICE CRAVEN delivered the opinion of the court:

Defendant was indicted for burglary and subsequently convicted at a jury trial on that charge. The trial court entered judgment on a verdict and sentenced defendant to an indeterminate term of 3 to 9 years. Defendant appeals.

On appeal defendant urges that he was denied a fair trial because the prosecutor commented upon his failure to testify. Secondly, it is contended that the...

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