PEOPLE v. FASSLER

No. 5-89-0196.

571 N.E.2d 749 (1991)

213 Ill. App.3d 43

156 Ill.Dec. 769

PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Tom FASSLER, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

Rehearing Denied June 6, 1991.


Attorney(s) appearing for the Case

H. Wesley Wilkins, State's Atty., Jonesboro, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Raymond F. Buckley, Jr., Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mount Vernon, for plaintiff-appellant.

Finch & Karraker, P.C., Anna, for defendant-appellee.


Justice HOWERTON delivered the opinion of the court:

A Union County grand jury indicted Tom Fassler, a school teacher, for aggravated criminal sexual abuse, alleging that he fondled a thirteen-year-old female student.

The circuit court dismissed the indictment because:

(1) the student's mother, whose presence had not been authorized, nevertheless was present when the student testified before the grand jury;

(2) witnesses were not sworn upon...

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