PEOPLE v. CARUSO

No. 86-0011.

152 Ill. App.3d 1074 (1987)

504 N.E.2d 1339

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. PHILIP J. CARUSO, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed February 26, 1987.


Attorney(s) appearing for the Case

James E. Ryan, State's Attorney, of Wheaton (Barbara A. Preiner and Judith M. Pietrucha, Assistant State's Attorneys, and William L. Browers, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

G. Joseph Weller and Michael F. Braun, both of State Appellate Defender's Office, of Elgin, and Victor J. Piekarski, Brian J. Clarke, and Michael Resis, all of Querrey, Harrow, Gulanick & Kennedy, of Chicago, for appellee.


Reversed and remanded.

JUSTICE REINHARD delivered the opinion of the court:

Defendant, Philip J. Caruso, was charged in separate two-count indictments with the offenses of child abduction (Ill. Rev. Stat., 1984 Supp., ch. 38, par. 10-5(b)(1)) and unlawful restraint (Ill. Rev. Stat. 1977, ch. 38, par. 10-3) involving his two children, Kathleen Ann and Deborah Lynn Caruso. The child-abduction counts at issue in this appeal charge that on December 24, 1984, within...

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