PEOPLE v. ERNST

No. 3-90-0505.

579 N.E.2d 376 (1991)

219 Ill. App.3d 51

161 Ill.Dec. 828

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James Clarence ERNST, Defendant.

Appellate Court of Illinois, Third District.

Rehearing Denied October 10, 1991.


Attorney(s) appearing for the Case

Joseph M. Gibson, Peoria, for James Ernst.

Jay Paul Hoffman, State's Attys. Appellate Prosecutor, Ottawa, Kevin W. Lyons, State's Atty., Peoria, for People.


Justice SLATER delivered the opinion of the court:

Defendant James Ernst was convicted of unlawful delivery of a controlled substance (Ill.Rev.Stat.1989, ch. 56½, par. 1401(a)(2)) and armed violence (Ill.Rev.Stat.1989, ch. 38, par. 33A-2). Defendant raises the following issues on appeal: (1) that the trial court erred in denying defendant's request for a jury of six persons; (2) that the defendant was not proved guilty beyond a reasonable doubt; (3) that the...

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