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PEOPLE v. KAVANAUGH

No. 78-512.

85 Ill. App.3d 783 (1980)

408 N.E.2d 23

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOHN JOSEPH KAVANAUGH, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed July 10, 1980.

Attorney(s) appearing for the Case

Jeffrey H. Haas and Gerald A. Block, both of Chicago, for appellant.

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Phyllis J. Perko and Jan Tuckerman, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE LINDBERG delivered the opinion of the court:

The principal issue presented by this appeal is apparently one of first impression in Illinois: whether the credibility of a criminal defendant can be impeached with evidence of involvement in a criminal proceeding which did not technically result in a conviction.

Defendant, John J. Kavanaugh, was charged with deviate sexual assault (Ill. Rev. Stat. 1977, ch. 38, par. 11...

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