People v. Wirth

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

After trial by jury John R. Wirth (defendant) was found guilty of burglary and sentenced from 4 to 12 years. In his appeal to this court, he contends the prosecution failed to overcome his affirmative defense of intoxication; the trial court unfairly refused to instruct the jury on defendant’s theory; evidence of a bond forfeiture by defendant was improperly admitted to prove flight; the prosecutor indulged in unfair argument and defendant was denied due process of law when the trial court refused to dismiss the indictment which…