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PEOPLE v. YARBROUGH

No. 5-87-0448.

179 Ill. App.3d 198 (1989)

534 N.E.2d 695

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DAROLD YARBROUGH, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed February 17, 1989.

Attorney(s) appearing for the Case

Donald E. Groshong, of Williamson, Webster, Groshong, Moorman & Falb, of Alton, for appellant.

Don Sheafor, State's Attorney, of Vandalia (Kenneth R. Boyle, Stephen E. Norris, and Gerry R. Arnold, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Order affirmed and cause remanded.

JUSTICE GOLDENHERSH delivered the opinion of the court:

Defendant, Darold Yarbrough, appeals from an order of the circuit court of Fayette County denying his motion to dismiss the second prosecution based upon the theory of double jeopardy. Defendant's issue on appeal is whether the second prosecution was barred by the statute of limitations or by the constitutional limitation of double jeopardy. This court affirms the circuit...

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