People v. Cole

Following a jury trial in the circuit court of Sangamon County, defendant, Stuart Cole, was convicted of murder and sentenced to a term of from 50 to 75 years in the penitentiary. This judgment was reversed by the Appellate Court for the Fourth District, which held that defendant was unconstitutionally denied his right to a jury trial by an impartial jury. (132 Ill. App. 2d 1041.) We allowed the State’s petition for leave to appeal.

The defendant’s first contention is that the State has no right to petition for leave to appeal from the appellate court’s decision under our Rule 315 (50 Ill.2d…