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PEOPLE v. RUSSELL

No. 5-87-0131.

165 Ill. App.3d 569 (1987)

519 N.E.2d 6

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES RUSSELL, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed December 1, 1987.

Attorney(s) appearing for the Case

Daniel M. Kirwan and Rita K. Peterson, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

John R. Clemons, State's Attorney, of Murphysboro (Kenneth R. Boyle and Stephen E. Norris, both of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Judgment affirmed and cause remanded.

JUSTICE CALVO delivered the opinion of the court:

Defendant, James Russell, was charged with aggravated kidnapping, and a jury trial on June 23 to 26, 1986, ended in a mistrial due to the jury's inability to reach a verdict. On November 6, 1986, an amended information was filed against defendant. Defendant filed a motion to dismiss the charges on the ground that a retrial would violate the constitutional prohibitions against...

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