PEOPLE v. RUTLEDGE

No. 3-92-1013.

629 N.E.2d 233 (1994)

257 Ill. App.3d 769

195 Ill.Dec. 925

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Tommy Lee RUTLEDGE, Sr., Defendant-Appellant.

Appellate Court of Illinois, Third District.

February 15, 1994.


Attorney(s) appearing for the Case

Stephen Omolecki, Office of the State Appellate Defender, Ottawa, for Tommy Lee Rutledge, Sr.

John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, Edward Danner, Fulton County State's Atty., Lewistown, Nancy Rink Carter, State's Attys. Appellate Prosecutor, Ottawa, for People.


Justice McCUSKEY delivered the opinion of the court:

Following a bench trial, the defendant, Tommy Lee Rutledge, Sr., was convicted of perjury (Ill.Rev.Stat.1991, ch. 38, par. 32-2). He was later sentenced to four years' imprisonment. He appeals, and for reasons which follow, we reverse.

On August 13, 1990, Rutledge was indicted for perjury. It was alleged that he had made a false statement under oath at a suppression hearing in Fulton County when he denied...

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