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PEOPLE v. McCUTCHEON

No. 12883.

41 Ill. App.3d 296 (1976)

355 N.E.2d 83

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOHN McCUTCHEON, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed September 2, 1976.

Attorney(s) appearing for the Case

Richard J. Wilson and Daniel D. Yuhas, both of State Appellate Defender's Office, of Springfield, for appellant.

John G. Satter, Jr., State's Attorney, of Pontiac (G. Michael Prall and Robert C. Perry, both of Illinois State's Attorneys Association, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE GREEN delivered the opinion of the court:

On August 31, 1971, defendant John McCutcheon was indicted by the grand jury of Livingston County for the felony of indecent liberties with a child (Ill. Rev. Stat. 1969, ch. 38, par. 11-4) and the misdemeanor of contributing to the sexual delinquency of a child (Ill. Rev. Stat. 1969, ch. 38, par. 11-5). Both counts of the indictment were based on the same conduct — a single act...

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