No. 5-88-0090.

569 N.E.2d 205 (1991)

210 Ill. App.3d 817

155 Ill.Dec. 205

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jeffery HANKS, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

March 13, 1991.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Larry R. Wells, Asst. Defender, Office of the State Appellate Defender, Mount Vernon, for defendant-appellant.

Rob Roth, State's Atty., Albion, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Matthew E. Franklin, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mount Vernon, for plaintiff-appellee.

Presiding Justice RARICK delivered the opinion of the court:

Defendant, Jeffery Hanks, was charged in the circuit court of Edwards County with theft over $300. Believing that a witness for the State would be unavailable to testify at trial, defendant made a pre-trial request to depose Gary Thompson, who was living in Georgia, but this request was denied. After a trial by jury, Hanks was found guilty and sentenced to three years' imprisonment.

At trial, Nadine...

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