PEOPLE v. DAVIS

No. 76772.

647 N.E.2d 977 (1995)

164 Ill.2d 309

207 Ill.Dec. 484

The PEOPLE of the State of Illinois, Appellant, v. Lloyd R. DAVIS, Appellee.

Supreme Court of Illinois.

Rehearing Denied April 26, 1995.


Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Springfield, and Michael J. Waller, State's Atty., Waukegan (Norbert J. Goetten, William L. Browers and David A. Bernhard, Office of State's Attys. Appellate Prosecutor, Elgin, of counsel), for the People.

Robert P. Will, Jr., and Thomas A. Briscoe, Will & Briscoe, Waukegan (Ralph A. Strathmann, of counsel), for appellee.


Justice HEIPLE delivered the opinion of the court:

The defendant, Lloyd R. Davis, a/k/a L.R. Davis, was indicted in the circuit court of Lake County with eight counts of perjury based on statements he made during a discovery deposition in a civil libel suit. On the defendant's motion, the trial judge dismissed the indictment on the basis that the allegedly perjurious statements had not been before the trier of fact and, thus, were not material. The appellate court...

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