# People v. Yates

> Illinois Supreme Court · October 25, 1983 · 98 Ill. 2d 502

URL: https://www.frixlaw.com/law-library/cases/9717855

## Case

- **Full name:** The PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. LONNIE YATES, Appellant
- **Court:** Illinois Supreme Court
- **Decided:** October 25, 1983
- **Citations:** 98 Ill. 2d 502; 75 Ill. Dec. 188; 456 N.E.2d 1369; 1983 Ill. LEXIS 489
- **Precedential status:** Published
- **Opinion:** Concurring in part by Goldenhersh
- **Judges:** Underwood, Goldenhersh, Simon, Clark
- **Cited by:** 158 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9717855

## Opinion text

JUSTICE GOLDENHERSH, concurring in part and dissenting in part:
Although I agree -with Justice Simon that prejudicial error requires reversal of the judgment and remand for a new trial, I do not agree with all that is said in his dissenting opinion. For that reason I add these few brief comments.
The refusal to admit into evidence the composite police sketch was, in my opinion, prejudicial error. Officer Steiner testified that Tim Lee and Larry Hope were satisfied that the composite accurately pictured the man they had seen on the stairs. On that basis, it should have been admitted into evidence and been made available for cross-examination of these witnesses by defense counsel.
Even more damaging and prejudicial to the defendant than the failure to admit the police sketch was the argument of the assistant State’s Attorney described in Justice Simon’s dissent. There is absolutely no basis in the record for the assumption that the attacker attempted to rape the victim. That type of inflammatory argument has been repeatedly condemned and is a sufficient basis for granting the defendant a new trial.
This conviction rests on the testimony of two boys and a disputed fingerprint. The evidence of guilt is less than overwhelming, and the errors were so prejudicial that defendant was denied a fair trial.
JUSTICE CLARK joins in this partial concurrence and partial dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9717855. Public record. Not legal advice.