PEOPLE v. GUNN

No. 3-91-0559.

604 N.E.2d 1044 (1992)

237 Ill. App.3d 508

178 Ill.Dec. 521

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James H. GUNN, Defendant-Appellant.

Appellate Court of Illinois, Third District.

November 24, 1992.


Attorney(s) appearing for the Case

Judith L. Libby, Office of the State Appellate Defender, Springfield, for James H. Gunn.

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Marshall E. Douglas, State's Atty., Rock Island, Gary F. Gnidovec, State's Attys. Appellate Prosecutor, Ottawa, for the People.


Justice HAASE delivered the opinion of the Court.

Following a jury trial, the defendant, James H. Gunn, was convicted of two counts of perjury (Ill.Rev.Stat.1991, ch. 38, par. 32-2). He was subsequently sentenced to a 42-month prison term. The sole question on review is whether the trial court erred in not declaring a mistrial when one of the polled jurors, who may have been in tears, answered in the negative when asked whether the verdict was his.

The record...

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