People v. Yarbrough

Defendant, Darold Yarbrough, appeals from an order of the circuit court of Fayette County denying his motion to dismiss the second prosecution based upon the theory of double jeopardy. Defendant’s issue on appeal is whether the second prosecution was barred by the statute of limitations or by the constitutional limitation of double jeopardy. This court affirms the circuit court’s order.

On May 31, 1985, a bill of indictment, docket No. 85 — CF—29, was filed charging defendant in count III with theft (Ill. Rev. Stat. 1981, ch. 38, par. 16 — 1(b)(1)). The indictment charged that on or about…