PEOPLE v. HAYWOOD

Nos. 63082, 63539, 63540, 63541 cons.

118 Ill.2d 263 (1987)

515 N.E.2d 45

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JOHN HAYWOOD et al., Appellees.

Supreme Court of Illinois.

Rehearing denied December 1, 1987.


Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Robert W. Matoush, State's Attorney, of Salem (Kenneth R. Boyle and Stephen E. Norris, of the Office of the State's Attorneys Appellate Prosecutor, of Mt. Vernon, of counsel), for the People.

Harold H. Pennock, Jr., of Hodson, Jones & Pennock, Ltd., of Centralia, for appellee John Haywood.

Neil F. Hartigan, Attorney General, of Springfield, and Don Sheafor, State's Attorney, of Vandalia (Kenneth R. Boyle and Stephen E. Norris, of the Office of the State's Attorneys Appellate Prosecutor, of Mt. Vernon, of counsel), for the People.

George H. Huber and Richard O. Habermann, of Vandalia, for appellee Kenneth E. Rhodes.

Daniel M. Kirwan, Deputy Defender, and Dan W. Evers, Assistant Defender, of the Office of the State Appellate Defender, of Mt. Vernon, for appellees Donald R. Russell and Robert Allen Garland.

Judy L. Hogan, of Springfield, for amicus curiae Illinois Coalition Against Sexual Assault.


Judgments reversed and remanded.

JUSTICE WARD delivered the opinion of the court:

The defendants in these consolidated appeals were individually charged with the offenses of criminal sexual assault and aggravated criminal sexual assault in violation of sections 12-13 and 12-14 of the Illinois Criminal Code of 1961 (Ill. Rev. Stat. 1985, ch. 38, pars. 12-13, 12-14). In each case the circuit court dismissed the charges, holding that the statutes upon which the...

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