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PEOPLE v. JOHNSON

No. 81-840.

113 Ill. App.3d 367 (1983)

447 N.E.2d 502

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. ARCHIE LEE JOHNSON, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed March 21, 1983.

Attorney(s) appearing for the Case

Robert J. Morrow, State's Attorney, of Geneva (Phyllis J. Perko, of State's Attorneys Appellate Service Commission, of counsel), for the People.

G. Joseph Weller and Josette Skelnik, both of State Appellate Defender's Office, of Elgin, for appellee.

Appeal dismissed and cause remanded.

JUSTICE VAN DEUSEN delivered the opinion of the court:

Defendant, Archie Lee Johnson, was charged by information with the offense of burglary (Ill. Rev. Stat. 1981, ch. 38, par. 19-1(a)). After an initial mistrial, a second jury was impaneled, and trial commenced.

During a recess following the testimony of two of the State's witnesses, the State informed the court that defense counsel intended to make a motion to...

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