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PEOPLE v. ELLIS

No. 89649.

765 N.E.2d 991 (2002)

199 Ill.2d 28

262 Ill.Dec. 383

The PEOPLE of the State of Illinois, Appellant, v. Harry W. ELLIS, Appellee.

Supreme Court of Illinois.

February 22, 2002.

Attorney(s) appearing for the Case

James E. Ryan, Attorney General, Springfield, Michael J. Waller, State's Attorney, Waukegan (Joel D. Bertocchi, Solicitor General, William L. Browers and Jay Paul Hoffmann, Assistant Attorneys General, Chicago, Norbert J. Goetten, Martin P. Moltz, Marshall M. Stevens, Office of the State's Attorneys Appellate Prosecutor, Elgin, of counsel), for the People.

G. Joseph Weller, Deputy Defender, Barbara R. Paschen, Assistant Defender, Office of the State Appellate Defender, Elgin, for appellee.

Justice KILBRIDE delivered the opinion of the court:

In this case we are asked to decide whether Illinois will recognize the "exculpatory no" doctrine as an exception to criminal liability for obstruction of justice pursuant to section 31-4(a) of the Criminal Code of 1961 (Code) (720 ILCS 5/31-4 (West 1996)). We answer that question in the negative.

On October 25, 1996, the Lake County State's Attorney filed an information against defendant, Harry W. Ellis...

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