People v. Fletcher

Defendant, James Fletcher, was convicted in a jury trial of attempted burglary (Ill. Rev. Stat. 1973, ch. 38, pars. 8 — 4(a), 19 — 1(a)). The circuit court of Cook County sentenced him to a term of 3 years and 4 months to 10 years imprisonment. The appellate court reversed on the grounds defendant was not proved guilty beyond a reasonable doubt. (46 Ill. App. 3d 530.) We allowed the State’s petition for leave to appeal.

Defendant urges that the appellate court’s reversal on reasonable doubt grounds is tantamount to an acquittal, and that this appeal therefore violates the double jeopardy…