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PEOPLE v. PAYNE

No. 58925.

30 Ill. App.3d 624 (1975)

332 N.E.2d 745

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JEROME PAYNE, Defendant-Appellant.

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

July 7, 1975.

Attorney(s) appearing for the Case

Miller & Pomper, of Chicago (Dale W. Broeder, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, Donald M. Devlin, and Frances T. Norek, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE EGAN delivered the opinion of the court:

The defendant, Jerome Payne, was tried for the robbery of Oscar Fallin, and a mistrial was declared on May 4, 1971, because the jury was unable to agree. At a subsequent trial the defendant was convicted on April 12, 1972, and sentenced to two to four years in the penitentiary.

Oscar Fallin testified at the first trial; but he was not present at the second trial, and a transcript...

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