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PEOPLE v. WITHERS

No. 54188.

87 Ill.2d 224 (1981)

429 N.E.2d 853

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. DAVID WITHERS, Appellee.

Supreme Court of Illinois.

Opinion filed December 4, 1981.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield, and James Benson, State's Attorney, of Paxton (Robert J. Biderman and Denise M. Paul, of the State's Attorneys Appellate Service Commission, of Springfield, of counsel), for the People.

Daniel D. Yuhas, Deputy Defender, of the Office of the State Appellate Defender, of Springfield, for appellee.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE WARD delivered the opinion of the court:

David Withers was convicted of theft and of obstructing the performance of a peace officer (Ill. Rev. Stat. 1979, ch. 38, pars. 16-1, 31-1) by a jury in the circuit court of Ford County and was given a sentence of 364 days. The appellate court (89 Ill.App.3d 116) reversed and remanded for a new trial, holding that...

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