PEOPLE v. BARKER

No. 15542.

78 Ill. App.3d 686 (1979)

397 N.E.2d 552

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DALE BARKER, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed November 19, 1979.


Attorney(s) appearing for the Case

Richard J. Wilson and Daniel D. Yuhas, both of State Appellate Defender's Office, of Springfield, for appellant.

Patrick M. Walsh, State's Attorney, of Decatur (Marc D. Towler and Karen L. Boyaris, both of State's Attorneys Appellate Service Commission, of counsel), for the People.


Reversed and remanded.

Mr. JUSTICE GREEN delivered the opinion of the court:

After a trial by jury in circuit court of Macon County, defendant, Dale Barker, was found guilty of misdemeanor theft (Ill. Rev. Stat. 1977, ch. 38, par. 16-1). Defendant was sentenced to a term of imprisonment of 364 days.

On appeal, the defendant asserts (1) his right to a fair trial was denied when the trial court refused to give the jury an accomplice instruction, (2)...

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