Legal Opinion · Dissent

People v. Garcia

Appellate Court of Illinois

Decided December 28, 1971No. 55722Published

1DissentJustice McNAMARA

I disagree with the conclusion reached in the majority opinion that the court’s direction of a verdict on the charge of deviate sexual assault removes from consideration much of the evidence on which the State relies to support the jury’s verdict which found defendant guilty of indecent liberties with a child. The purpose of a motion for a directed verdict by a defendant in a criminal case is to present the question of law as to whether the evidence which has been presented is sufficient to sustain a conviction for the crime charged. (People v. Chiafreddo, 381 Ill. 214, 44 N.E.2d 888; People…

2Cases cited5 opinions

  1. The People v. ChiafreddoIllinois Supreme Court · 1942
  2. The PEOPLE v. HaranIllinois Supreme Court · 1963
  3. People v. BrunoAppellate Court of Illinois · 1969
  4. People v. PostAppellate Court of Illinois · 1966
  5. People v. FichesAppellate Court of Illinois · 1967

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