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PEOPLE v. HOUSBY

No. 53289.

84 Ill.2d 415 (1981)

420 N.E.2d 151

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ROBERT HOUSBY, Appellant.

Supreme Court of Illinois.

Opinion filed March 31, 1981.

Attorney(s) appearing for the Case

Robert Agostinelli and Thomas Lilien, of the Office of State Appellate Defender, of Ottawa, for appellant.

Tyrone C. Fahner, Attorney General, of Springfield (Marsha Freidl, Assistant Attorney General, of Chicago, of counsel), for the People.

Affirmed and remanded.

MR. JUSTICE SIMON delivered the opinion of the court:

In this appeal the court is concerned with the perplexing problems caused by the use of presumptions in criminal cases. Presumptions and inferences are evidentiary substitutes for the facts inferred. For that reason, instructions to a jury that it can infer an ultimate fact from a proved fact frequently raise due process objections. The...

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