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PEOPLE v. DOHERTY

No. 2-86-0503.

165 Ill. App.3d 630 (1988)

518 N.E.2d 1303

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. MICHAEL E. DOHERTY, Defendant-Appellee.

Appellate Court of Illinois — Second District.

Opinion filed January 28, 1988.

Attorney(s) appearing for the Case

Robert J. Morrow and Robert F. Casey, State's Attorneys, of Geneva (John X. Breslin, William L. Browers, and Howard R. Wertz, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

G. Joseph Weller, of State Appellate Defender's Office, of Elgin, and Daniel D. Yuhas and Jane Raley, both of State Appellate Defender's Office, of Springfield, for appellee.

Reversed and remanded.

JUSTICE UNVERZAGT delivered the opinion of the court:

The State appeals from an order of the circuit court of Kane County dismissing child abduction charges (Ill. Rev. Stat. 1985, ch. 38, par. 10-5(b)(1)) against defendant, Michael Doherty, on double jeopardy grounds, because another Kane County court had found him in contempt of court for the same conduct. The marriage of Michael and Margaret Doherty was dissolved on September 10, 1982...

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