Legal Opinion

People v. Limauge

Appellate Court of Illinois

Decided December 6, 1967No. Gen. 10,851PublishedCited by 6 opinions

1Opinion of the CourtSmith, J.

Defendant was charged with driving while license revoked, he pleaded guilty and was sentenced to and served seven days in the county jail. He thereafter attempted to avoid trial on a two-count indictment for reckless homicide and manslaughter, arguing that these offenses arose “out of the same transaction upon the same date,” as the revocation charge — or so ran the stipulation — urging the bar of § 3-4 (b) of the Criminal Code (Ill Rev Stats 1965, c 38, § 3-4 (b)). Such, for our purposes, reads:

“A prosecution is barred if the defendant was formerly prosecuted for a different offense ... if…

2Cases cited2 opinions

  1. State v. ReilandSupreme Court of Minnesota · 1966
  2. People v. GarmanIllinois Supreme Court · 1952

3Cited by6 opinions

  1. People v. NavisAppellate Court of Illinois · 1974
  2. People v. BressetteAppellate Court of Illinois · 1970
  3. People v. WhitlowAppellate Court of Illinois · 1977
  4. People v. JohnsonAppellate Court of Illinois · 1978
  5. People v. DavisAppellate Court of Illinois · 2008

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