People v. Stover

JUSTICE SIMON,

specially concurring:

I disagree with the majority that the defendant’s witness was improperly impeached.

The defendant and his brother, Randy Stover, were both charged with resisting a peace officer, a misdemeanor under Illinois law (Ill. Rev. Stat. 1979, ch. 38, par. 31—1). At the defendant’s trial, Randy testified that the arresting officers had not informed them that they were under arrest. His testimony, however, was impeached by his admission on cross-examination that earlier he had pleaded guilty to the charge, a plea which the State argued was inconsistent with his…