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PEOPLE v. BUFFINGTON

No. 76-228.

51 Ill. App.3d 899 (1977)

366 N.E.2d 1099

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ALBERT J. BUFFINGTON, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed August 11, 1977.

Attorney(s) appearing for the Case

Michael J. Rosborough and John H. Reid, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Kelly D. Long, State's Attorney, of Hillsboro (Bruce D. Irish, of Illinois State's Attorneys Association, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE JONES delivered the opinion of the court:

Following a jury trial in the circuit court of Montgomery County, defendant, Albert J. Buffington, was found guilty of the offense of burglary and was sentenced to a term of imprisonment of five to 15 years. He appeals.

One issue is presented for review: whether the trial court erred in refusing defendant's tendered instruction...

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