PEOPLE v. CRAMER

No. 53336.

85 Ill.2d 92 (1981)

421 N.E.2d 189

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. RICHARD CRAMER, Appellee.

Supreme Court of Illinois.

Rehearing denied June 4, 1981.


Attorney(s) appearing for the Case

Tyrone C. Fahner and William J. Scott, Attorneys General, of Springfield, and Michael M. Mihm, State's Attorney, of Peoria (John X. Breslin and Gary F. Gnidovec, of the State's Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People.

Robert Agostinelli, Deputy Defender, and Peter A. Carusona, Assistant Defender, of the Office of the State Appellate Defender, of Ottawa, for appellee.


Appellate court reversed; circuit court affirmed.

MR. JUSTICE CLARK delivered the opinion of the court:

This case involves the propriety of refusing a jury instruction tendered by defendant on the ground that it was not based on an offense included within the charged offense. The tendered instruction was refused by the trial court, and defendant was convicted in the circuit court of Peoria County of the offense of theft of property having a value in excess...

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