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PEOPLE v. KUHFUSS

No. 3-92-0469.

608 N.E.2d 1204 (1993)

241 Ill. App.3d 311

181 Ill.Dec. 730

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Frederick W. KUHFUSS, Defendant-Appellant.

Appellate Court of Illinois, Third District.

Rehearing Denied March 22, 1993.

Attorney(s) appearing for the Case

Donald K. Birner (argued), Thomas & Birner, Pekin, for Frederick W. Kuhfuss.

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Erik I. Blanc, State's Atty., Pekin, Rita Kennedy Mertel (argued), States' Attys. Appellate Prosecutor, Ottawa, for the People.

Presiding Justice McCUSKEY delivered the opinion of the court:

The defendant, Frederick W. Kuhfuss, appeals from an order of the circuit court of Tazewell County which denied his motion to dismiss the charges against him based on double jeopardy. The defendant raises two issues on appeal: (1) whether the trial court erred in granting the prosecutor's motion for a mistrial because there was no manifest necessity for the mistrial; and (2) whether the mistrial was attributable...

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