PEOPLE v. LAYHEW

No. 69657.

564 N.E.2d 1232 (1990)

139 Ill.2d 476

151 Ill.Dec. 570

The PEOPLE of the State of Illinois, Appellant, v. Wayne LAYHEW, Appellee.

Supreme Court of Illinois.

November 30, 1990.


Attorney(s) appearing for the Case

Neil F. Hartigan, Atty. Gen., Springfield, and Frederick Turner, State's Atty., of Golconda (Robert J. Ruiz, Sol. Gen., Terence M. Madsen and Steven J. Zick, Asst. Attys. Gen., Chicago, and Kenneth R. Boyle, Stephen E. Norris and Gerry R. Arnold, of the Office of the State's Attys. Appellate Prosecutor, Mount Vernon, of counsel), for the People.

Daniel M. Kirwan, Deputy Defender, Mount Vernon, Daniel D. Yuhas, Deputy Defender, and Lori L. Mosby, Asst. Defender, Springfield, all of the Office of the State Appellate Defender, for appellee.


Justice RYAN delivered the opinion of the court:

The circuit court of Pope County convicted defendant, Wayne Layhew, of aggravated criminal sexual assault and sentenced him to 13 years' imprisonment. The fifth district of the appellate court reversed defendant's conviction and remanded the cause, holding that the trial court's failure to provide sua sponte the jury with a written instruction specifically informing it that defendant is presumed innocent until...

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