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PEOPLE v. LAYHEW

No. 5-87-0534.

191 Ill. App.3d 592 (1989)

548 N.E.2d 25

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WAYNE LAYHEW, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed November 21, 1989.

Attorney(s) appearing for the Case

Daniel M. Kirwan, of State Appellate Defender's Office, of Mt. Vernon, and Lori Lanciani Mosby, of State Appellate Defender's Office, of Springfield, for appellant.

Frederick Turner, Jr., State's Attorney, of Golconda (Kenneth R. Boyle, Stephen E. Norris, and Ellen Eder Irish, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Reversed and remanded.

JUSTICE HOWERTON delivered the opinion of the court:

Defendant was tried by jury in Pope County and convicted of aggravated criminal sexual assault.

The jury was not instructed in writing, at the close of the case, that defendant was presumed innocent and that the State had the burden of proving his guilt beyond a reasonable doubt. Defendant neither requested nor tendered the instruction. However, during voir dire the...

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