People v. Marchbanks

The State appeals from an order dismissing an information which charged defendant, Gary Marchbanks, with the offenses of burglary (Ill. Rev. Stat. 1981, ch. 38, par. 19 — 1(a)) and possession of burglary tools (Ill. Rev. Stat. 1981, ch. 38, par. 19 — 2(a)).

We consider in this case whether the failure of the State to disclose to defendant that a principal prosecution witness had been suspended from his duties as a police officer constitutes “prosecutorial overreaching” which bars defendant’s retrial on double jeopardy grounds.

After trial by jury, defendant was convicted of these offenses and…