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PEOPLE v. UPSHIRE

No. 77-786.

62 Ill. App.3d 248 (1978)

379 N.E.2d 38

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. L.T. UPSHIRE, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed June 28, 1978.

Attorney(s) appearing for the Case

Ralph Ruebner and Daniel Cummings, both of State Appellate Defender's Office, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger, Michael E. Shabat, and Larry J. Acker, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

Defendant, L.T. Upshire, was charged with armed robbery. After a jury trial, he was found guilty of that crime and was sentenced to 25 to 50 years. On appeal defendant contends that the prosecutor's closing argument comments about defendant's post-arrest silence constituted reversible error; that it was error for the prosecutor to cross-examine a defense witness concerning prior...

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