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PEOPLE v. WHITNEY

No. 79-553.

86 Ill. App.3d 617 (1980)

408 N.E.2d 268

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES WHITNEY, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Opinion filed July 10, 1980.

Attorney(s) appearing for the Case

Ralph Ruebner and Fe Fernandez, both of State Appellate Defender's Office, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr and Thomas J. Leanse, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE JIGANTI delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County the defendant, James Whitney, was found guilty of aggravated battery and sentenced to a term of five years. On appeal Whitney argues: (1) the jury was not properly instructed regarding the State's burden of proof on the issue of self-defense; (2) he was deprived of his right to be presumed innocent by the prosecutor's comment...

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