(DOWNLOAD) "People v. Lewis" by Supreme Court of Illinois * Book PDF Kindle ePub Free
eBook details
- Title: People v. Lewis
- Author : Supreme Court of Illinois
- Release Date : January 29, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Rehearing denied September 28, 1984. Presented in these consolidated causes is the question whether, following a finding that an accused is not fit to stand trial, a later finding of fitness may be based on stipulated evidence. Defendant Alonzo Lewis (Docket No. 58673) was charged by information in the circuit court of Cook County and following a jury trial was convicted of two counts of rape (Ill. Rev. Stat. 1977, ch. 38, par. 11-1), two counts of deviate sexual assault (Ill. Rev. Stat. 1977, ch. 38, par. 11-3), and one count of burglary (Ill. Rev. Stat. 1977, ch. 38, par. 19-1). The appellate court reversed and remanded. (115 Ill. App.3d 389.) Defendant Jessie J. McKinley, Jr. (Docket No. 58816), was charged by information in the circuit court of Cook County with two counts of murder (Ill. Rev. Stat. 1977, ch. 38, par. 9-1(a)(1)) and two counts of armed violence (Ill. Rev. Stat. 1977, ch. 38, par. 33A-2). Following a jury trial, defendant was convicted of murder. The appellate court reversed and remanded. (115 Ill. App.3d 1095.) In each instance the appellate court held that, in finding defendant fit to stand trial solely on the basis of a stipulation, the circuit court improperly exercised its discretion. We allowed the People's petitions for leave to appeal (87 Ill.2d R. 315(a)) and consolidated the causes for further proceedings. The facts are adequately set forth in the opinions of the appellate court and will be restated here only to the extent necessary to discuss the issues.
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