People v. Davis

This interlocutory appeal is taken by the People of the State of Illinois from dismissal by the St. Clair County circuit court of grand jury indictments for official misconduct and theft of property against defendant Kelvin Ellis and indictments for theft of property against defendant Joseph Davis. On appeal we address an issue of apparent first impression in Illinois: whether the labor of an employee is the “property” of his employer, such that diversion by a third party of the employee from his duty for his employer constitutes theft under section 16 — 1(a)(1) of the Criminal Code of 1961…