PEOPLE v. BRAND

No. 4-97-0048.

686 N.E.2d 404 (1997)

292 Ill. App.3d 814

226 Ill.Dec. 774

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Scott E. BRAND, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

October 21, 1997.


Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Gary R. Peterson, Asst. Defender, Office of State Appellate Defender, Springfield, for Scott E. Brand.

John C. Piland, Champaign County State's Attorney, Urbana, Norbert J. Goetten, Director, Robert J. Biderman, Deputy Director, Jeffrey K. Davison, Staff Atty., Springfield, for the People.


Justice GREEN delivered the opinion of the court:

This case concerns an obscure aspect of statutory double jeopardy in this state. Section 3-4(a)(3) of the Criminal Code of 1961 (Code) states, in part, as follows:

"A prosecution is barred if the defendant was formerly prosecuted for the same offense, based upon the same facts, if such former prosecution: * * * (3) Was terminated improperly after the jury was impaneled and sworn...

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