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People v. Lewis

FEBRUARY 28, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

CURTIS LEWIS (IMPLEADED), DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. JOHN C. FITZGERALD, Judge, presiding. Reversed and remanded.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

Rehearing denied September 8, 1969.

CHARGE

Unlawful sale of a narcotic drug. Ill Rev Stats (1963), c 38, § 22-3.

DEFENSE AT TRIAL

Insanity. Ill Rev Stats (1963), c 38, § 6-2.

JUDGMENT

After a jury trial, defendant was found guilty and sentenced to a term of 10 to 20 years.

POINTS RAISED ON APPEAL

(1) A comment by the State's Attorney and an inadequate instruction deprived defendant of a fair and unprejudiced competency hearing.

(2) Defendant was prejudiced by being denied an opportunity to interview the informer-purchaser-witness without the State's Attorney being present.

(3) The court erred in regard to jury instructions.

THE TRIAL

In October 1964, when the trial was scheduled, the State obtained a continuance on the ground that it could not locate James Jordan, the informer-purchaser. At the commencement of the trial on December 14, 1964, the prosecution stated, however, that it was then prepared to call him as a witness. Defense counsel requested an opportunity to interview the witness before he took the stand, since he had been unable to locate the witness prior to trial. The prosecution consented, provided an Assistant State's Attorney could be present during the ...


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