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PEOPLE v. PUGH

No. 75-503.

49 Ill. App.3d 174 (1977)

363 N.E.2d 1212

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ERNEST PUGH, JR., Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied July 5, 1977.

Attorney(s) appearing for the Case

Ralph Ruebner and J. Daniel Stewart, both of State Appellate Defender's Office, of Elgin, for appellant.

John J. Bowman, State's Attorney, of Wheaton (S. Keith Lewis and Malcolm F. Smith, Assistant State's Attorneys, and Phyllis J. Perko and Martin P. Moltz, both of Illinois State's Attorneys Association, of counsel), for the People.

Affirmed in part, reversed in part and remanded.

Mr. JUSTICE GUILD delivered the opinion of the court:

Defendant, Ernest H. Pugh, Jr., after a mistrial because of a hung jury, was retried and convicted of two counts of deviate sexual assault and sentenced to two concurrent sentences of 15-20 years in prison. On appeal defendant raises eight issues:

1. Was the defendant denied a fair trial because the trial court sustained a State objection to defendant...

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