People v. McKinley

PRESIDING JUSTICE ROMITI

delivered the opinion of the court:

Defendant Jessie McKinley, convicted of murder in a jury trial, contends on appeal that: (1) the summary restoration of his fitness to stand trial, based on stipulated psychiatric conclusions, was improper; and (2) the prosecution used its peremptory challenges to exclude blacks from the jury in a manner which violated defendant’s right to an impartial jury.

We reverse and remand.

On November 16, 1978, defendant was charged with two counts of murder and two counts of armed violence in connection with the shooting death of Jeffrey Benas.…