reversible error for jury to consider currency found in pockets of properly admitted coat
How later courts described this case
- reversible error for jury to consider currency found in pockets of properly admitted coat
Written by the judges who cited it.
The opinion
SUPPLEMENTAL OPINION UPON DENIAL OF REHEARING
Mr. JUSTICE WOODWARD delivered the opinion of the court: The State has filed a petition for rehearing requesting that the opinion in this case “be modified to reflect that the aggravated battery was also being remanded.” The record reveals that separate verdicts were rendered by the jury finding defendant guilty of armed robbery and aggravated battery; judgment was entered on each verdict on January 25, 1978. On March 2, 1978, defendant’s motion for a new trial was heard at which time her counsel argued that only one judgment of conviction could be entered on the two verdicts; the State agreed and proposed that the verdict on aggravated battery be vacated; the court so ordered and sentenced the defendant for armed robbery; a notice of appeal was filed from the judgment and sentence on armed robbery.
The opinion of this court on appeal has reversed said judgment and remanded this case for a new trial. By way of clarification, the mandate of this court shall remand this case for a new trial on the charge of armed robbery and such lesser included charges as permitted by law.
Petition for rehearing denied.
LINDBERG and UNVERZAGT, JJ., concur.