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PEOPLE v. WARE

No. 4-93-0018.

631 N.E.2d 902 (1994)

259 Ill. App.3d 466

197 Ill.Dec. 680

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Todd J. WARE, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Decided March 31, 1994.

Attorney(s) appearing for the Case

Scott H. Walden, State's Atty., Quincy, Norbert J. Goetten, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, David E. Mannchen (argued), Staff Atty., for plaintiff-appellant.

Daniel D. Yuhas, Deputy Defender, Office of the State Appellate Defender, Springfield, Jeffrey D. Foust (argued), Asst. Defender, for defendant-appellee.

Justice GREEN delivered the opinion of the court:

This case turns upon the operation of the exception of the hearsay rule created by section 115-10 of the Code of Criminal Procedure of 1963 (Procedural Code), which states, in most pertinent part, as follows:

"(a) In a prosecution for a sexual act perpetrated upon a child under the age of 13, including but not limited to prosecutions for violations of Sections 12-13 through 12-16 of the Criminal Code of 1961...

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