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PEOPLE v. KELLOGG

No. 78-149.

68 Ill. App.3d 456 (1979)

386 N.E.2d 481

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MITCHELL KELLOGG, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed January 26, 1979.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Marc Fogelberg and John F. Westley, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger, Mary Ellen Dienes, and Dewey Roscoe Jones, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. PRESIDING JUSTICE SULLIVAN delivered the opinion of the court:

After a jury trial, defendant was convicted of armed robbery and, on appeal, contends only that the trial court's polling procedure denied him a fair trial by coercing the assent of a juror to a verdict which was not hers.

The verdict of guilty was signed by all jurors, and during the polling procedure each juror was asked "Was this then and is it now, your verdict...

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