[Download] "People v. Boalbey" by Illinois Appellate Court — Third District Judgment Reversed # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Boalbey
- Author : Illinois Appellate Court — Third District Judgment Reversed
- Release Date : January 14, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Following a jury trial, defendant, Richard Boalbey, was convicted of unauthorized use of food stamps (Ill. Rev. Stat. 1983, ch. 23, par. 8A-4) and sentenced to 12 months' conditional discharge and ordered to pay restitution and court costs. On appeal he contends: (1) the evidence established the affirmative defense of entrapment as a matter of law, (2) the trial court erred in denying his motion for a new trial when during testimony a prosecution witness, without connecting defendant, brought out evidence of other crimes allegedly committed at defendant's residence and (3) because the instructions given failed to include what an authorized versus an unauthorized purchase of food stamps is, he was denied a fair trial. Because our decision on the first issue is dispositive of this appeal, it is the only issue to be discussed. There is little dispute concerning the facts in this case. According to the State's witness, in the summer of 1984, the Rock Island police department began investigations of violations of the food-stamp laws. The defendant, not a suspect in the investigation, conducted an on-going yard sale during this same summer.