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PEOPLE v. EMBRY

No. 4-88-0230.

177 Ill. App.3d 96 (1988)

531 N.E.2d 1130

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DANIEL R. EMBRY, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed December 15, 1988.

Attorney(s) appearing for the Case

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

Richard E. Goff, State's Attorney, of Clinton (Kenneth R. Boyle, Robert J. Biderman, and J.A.C. Knuppel, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Judgment affirmed.

JUSTICE KNECHT delivered the opinion the court:

Defendant was convicted of child abduction in violation of section 10-5(b)(10) of the Criminal Code of 1961 (Ill. Rev. Stat. 1987, ch. 38, par. 10-5(b)(10)) and sentenced to two years' probation. Defendant appeals contending the child abduction statute creates an impermissible mandatory rebuttable presumption with respect to an element of the offense, namely intent, which requires reversal...

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