People v. Withers

David Withers was convicted of theft and of obstructing the performance of a peace officer (Ill. Rev. Stat. 1979, ch. 38, pars. 16 — 1, 31 — 1) by a jury in the circuit court of Ford County and was given a sentence of 364 days. The appellate court (89 Ill. App. 3d 116) reversed and remanded for a new trial, holding that Withers had been denied a fair trial by the trial judge’s refusal to allow defense counsel to argue his motion for a directed verdict at the close of the People’s case. We granted the State’s petition for leave to appeal.

The defendant’s trial lasted only a day. Before the…