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DOUBLE JEOPARDY/ JURY VERDICTS

People v. Henry, No. 93602 (April 17, 2003) Appeal, 5th Dist. Appellate court Reversed in part, IL. Sup. Court

In defendant's trial for involuntary manslaughter and aggravated
battery, the trial court acquitted the defendant of aggravated battery
when it declared from the bench that it found that the state had failed
to meet its burden of proof and was granting motion for directed
verdict. Therefore, defendant could not be subsequently tried for
battery without exposing defendant to double jeopardy. However, jury
verdict finding defendant guilty of battery, but stating that jury could
not reach verdict on charge of involuntary manslaughter, was not implied
acquittal on involuntary manslaughter and was properly declared a
mistrial. (MCMORROW) FREEMAN, special concurrence

 

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