People v. Deems

I am constrained to disagree with the opinion of my colleagues. Defendant was found not guilty of the initial charge and the judgment of acquittal is not appealable by the State. I would grant the defendant’s motion to dismiss the State’s appeal.

The majority have failed to address what is the threshold issue of this case, i.e., the extent of the State’s right to appeal. Article VI, section 6 of the Illinois Constitution of 1970 provides that “after a trial on the merits in a criminal case, there shall be no appeal from a judgment of acquittal.” At common law the State had no right whatsoever…