PEOPLE v. DILGER

No. 2-83-0174.

125 Ill. App.3d 277 (1984)

465 N.E.2d 937

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. CHRISTOPHER DILGER, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Rehearing denied July 24, 1984.


Attorney(s) appearing for the Case

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Barbara A. Preiner and Diana Fischer-Woods, Assistant State's Attorneys, and Phyllis J. Perko, of State's Attorneys Appellate Service Commission, of counsel), for the People.

Travis, Tucker, Pavesich & Associates, of Lombard, for appellee.


Judgment reversed, order vacated and cause remanded.

JUSTICE NASH delivered the opinion of the court:

The State appeals from the purported acquittal by the circuit court of defendant, Christopher Dilger, of the offense of theft of labor or services or use of property. (Ill. Rev. Stat. 1981, ch. 38, par. 16-3(b).) It contends the trial court's finding of not guilty constituted an improper dismissal of the charge against defendant.

The primary issue...

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