PEOPLE v. MARCOTTE

No. 5-89-0462.

577 N.E.2d 799 (1991)

217 Ill. App.3d 797

160 Ill.Dec. 474

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joseph MARCOTTE, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Rehearing Denied September 26, 1991.


Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Edwin J. Anderson, Asst. Defender, Office of the State Appellate Defender, Mt. Vernon, for defendant-appellant.

Kathryn Dobrinic, State's Atty., Hillsboro, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Kendra S. Mitchell, Staff Atty., Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.


Justice HOWERTON delivered the opinion of the court:

Defendant was convicted of attempting to lure a minor into his car in violation of the child abduction statute. (Ill.Rev.Stat. 1989, ch. 38, par. 10-5(b)(10).) We reverse because the jury instructions created a mandatory rather than a permissive inference, thereby shifting to defendant both the burden of producing evidence and the burden of persuasion.

Defendant approached two girls, a 13-year-old and her...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases