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PEOPLE v. GRAY

No. 48424.

69 Ill.2d 44 (1977)

370 N.E.2d 797

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. ROBERT L. GRAY, Appellee.

Supreme Court of Illinois.

Opinion filed October 5, 1977.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (James B. Zagel and Jayne A. Carr, Assistant Attorneys General, and Laurence J. Bolon and James S. Veldman, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (Ronald P. Alwin, Robert B. Thompson, and Nancy DeFranco, Assistant Public Defenders, and Joseph A. Power, Jr., law student, of counsel), for appellee.

Judgment affirmed.

MR. JUSTICE DOOLEY delivered the opinion of the court:

Here the sole issue is whether the constitutional guarantees against double jeopardy prohibit criminal prosecution for aggravated battery and attempted murder after a finding and punishment for indirect criminal contempt of court based upon the same conduct.

Defendant, Robert Gray, struck his wife with a gun and then shot her. This violated a protective order in a divorce proceeding...

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