PEOPLE v. FLOWERS

No. 4-84-0709.

134 Ill. App.3d 324 (1985)

480 N.E.2d 198

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. EDDIE LEE FLOWERS, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed June 27, 1985.


Attorney(s) appearing for the Case

Daniel D. Yuhas and Lawrence Bapst, both of State Appellate Defender's Office, of Springfield, for appellant.

Thomas J. Difanis, State's Attorney, of Urbana (Robert J. Biderman and Gwendolyn Klingler, both of State's Attorneys Appellate Service Commission, of counsel), for the People.


Reversed and remanded.

JUSTICE MILLS delivered the opinion of the court:

Did the jury instruction require a mandatory presumption of intent?

Yes.

We must reverse and remand.

Retail theft. The sufficiency of the evidence is not challenged on appeal and, therefore, we shall recite only the elementary facts.

Eric Meyer, the night manager of Richard's Marketplace Convenience Center, testified that he observed defendant stuff...

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