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PEOPLE v. POOLE

No. 16895.

99 Ill. App.3d 939 (1981)

426 N.E.2d 306

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JERRY POOLE, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed September 3, 1981.

Attorney(s) appearing for the Case

Daniel D. Yuhas and Lawrence Bapst, both of State Appellate Defender's Office, of Springfield, Mike Southworth, law student, for appellant.

Ronald C. Dozier, State's Attorney, of Bloomington (Robert J. Biderman and James K. Horstman, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE WEBBER delivered the opinion of the court:

Following a trial by the court sitting without a jury in the circuit court of McLean County, the defendant was adjudged guilty of the offenses of home invasion, burglary, and battery in violation of sections 12-11, 19-1, and 12-3 of the Criminal Code of 1961 (Ill. Rev. Stat. 1979, ch. 38, pars. 12-11, 19-1, and 12-3). The prosecution was commenced by

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