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PEOPLE v. YORK

No. 74-98.

29 Ill. App.3d 113 (1975)

329 N.E.2d 845

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ELMER YORK, SR., Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

May 26, 1975.

Attorney(s) appearing for the Case

Stephen P. Hurley and Ann L. Carr, both of State Appellate Defender's Office, of Mt. Vernon, and Gary Sibley, Research Assistant, for appellant.

William J. Scott, Attorney General, of Chicago, and R.S. Simpson, State's Attorney, of Lawrenceville (James B. Zagel, Jayne A. Carr, and Anne Taylor, Assistant Attorneys General, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE KARNS delivered the opinion of the court:

Defendant-appellant, Elmer York, Sr., was convicted after a jury trial in Lawrence County of two counts of aggravated incest and was sentenced to serve two consecutive 5- to 15-year terms. On appeal, 10 issues are raised which will be discussed separately below.

Defendant first contends that the aggravated incest statute (Ill. Rev. Stat. 1973, ch. 38, par. 11-10) denies him...

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