PEOPLE v. ZEGART

No. 51229.

83 Ill.2d 440 (1980)

415 N.E.2d 341

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. MARLA ZEGART, Appellee.

Supreme Court of Illinois.

Rehearing denied January 29, 1981.


Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and J. Michael Fitzsimmons, State's Attorney, of Wheaton (Donald B. Mackay and Melbourne A. Noel, Jr., Assistant Attorneys General, of Chicago, and John T. Elsner III, Assistant State's Attorney, of Wheaton, of counsel), for the People.

A.E. Botti, Douglas Drenk and Gregory N. Freerksen, of Wheaton, for appellee.


Judgement affirmed.

MR. JUSTICE MORAN delivered the opinion of the court:

The question in this case is whether defendant's conviction for the offense of driving across a highway dividing median bars a subsequent prosecution for reckless homicide when both charges arise out of the same occurrence.

On December 19, 1975, an eastbound automobile, driven by defendant, Marla Zegart, crossed over a dividing median of the East-West Tollway and struck a westbound...

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