PEOPLE v. DEBERRY

No. 13630.

46 Ill. App.3d 719 (1977)

361 N.E.2d 632

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. EDWIN DEBERRY, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Modified upon denial of rehearing April 19, 1977.


Attorney(s) appearing for the Case

Richard J. Wilson and Edward R. Green, both of State Appellate Defender's Office, of Springfield, for appellant.

Basil G. Greanias, State's Attorney, of Decatur, for the People.


Reversed and remanded.

Mr. JUSTICE MILLS delivered the opinion of the court:

Deberry was convicted of theft under $150. On appeal, the dispositive issue raised is whether the State erred in eliciting testimony of defendant's silence before and after his arrest and in arguing to the jury that this silence was proof of defendant's guilt.

We reverse. There must be a new trial.

Deberry, who was working for William Worthy, picked up some tires at...

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