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PEOPLE v. DAVIS

No. 5-88-0618.

561 N.E.2d 165 (1990)

203 Ill. App.3d 838

148 Ill.Dec. 859

PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Joseph DAVIS and Kelvin Ellis, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

August 28, 1990.

Attorney(s) appearing for the Case

John Baricevic, State's Atty., Belleville, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Ellen Eder Irish, Staff Atty., Office of the States' Attys. Appellate Prosecutor, Mt. Vernon, for the People.

Law Offices of Norman S. London, Norman S. London, Thomas F. Flynn, St. Louis, Mo., for Kelvin Ellis.

Justice WELCH delivered the opinion of the court:

This interlocutory appeal is taken by the People of the State of Illinois from dismissal by the St. Clair County Circuit Court of grand jury indictments for official misconduct and theft of property against defendant Kelvin Ellis and indictments for theft of property against defendant Joseph Davis. On appeal we address an issue of apparent first impression in Illinois: whether the labor of an employee is the "property...

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