PEOPLE v. FURBY

Nos. 2-87-1100, 2-87-1101.

591 N.E.2d 533 (1992)

228 Ill. App.3d 1

169 Ill.Dec. 360

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James FURBY et al., Defendants-Appellants.

Appellate Court of Illinois, Second District.

April 29, 1992.


Attorney(s) appearing for the Case

George P. Lynch (argued), George Patrick Lynch, Ltd., M. Jacqueline Walther, Kielian & Walther, Chicago, for James Furby.

James E. Ryan, DuPage County State's Atty., William L. Browers, Deputy Director, State's Attys., Appellate Prosecutor, Kevin T. McClain, Immel, Zelle, Ogren, McClain & Costello, Springfield, for the People.


Justice WOODWARD delivered the opinion of the court:

Following a jury trial, the defendants James Furby and Thomas Furby were convicted of theft in excess of $300 and were sentenced to probation and community service. On appeal, a majority of this court reversed the defendants' convictions, holding that the State had failed to prove the corpus delicti of the offense of theft in excess of $300. The remaining issues raised by the defendants were not addressed...

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