{
  "id": 2508187,
  "name": "The People of the State of Illinois, Plaintiff-Appellant, v. Nicholas Grevan, Defendant-Appellee",
  "name_abbreviation": "People v. Grevan",
  "decision_date": "1974-11-08",
  "docket_number": "No. 59936",
  "first_page": "997",
  "last_page": "998",
  "citations": [
    {
      "type": "official",
      "cite": "23 Ill. App. 3d 997"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "216 N.E.2d 120",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "34 Ill.2d 382",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
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        2880881
      ],
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      "case_paths": [
        "/ill-2d/34/0382-01"
      ]
    },
    {
      "cite": "280 N.E.2d 560",
      "category": "reporters:state_regional",
      "reporter": "N.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "4 Ill.App.3d 197",
      "category": "reporters:state",
      "reporter": "Ill. App. 3d",
      "case_ids": [
        2913589
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill-app-3d/4/0197-01"
      ]
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  "analysis": {
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  "last_updated": "2023-07-14T18:19:43.775116+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellant, v. Nicholas Grevan, Defendant-Appellee."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE LORENZ\ndelivered the opinion of the court:\nThe State appeals from an order granting defendant\u2019s motion to dismiss an indictment wherein defendant was charged with felonious theft.\n- On October 8, 1971, defendant was charged with deceptive practice in violation of section 17(1) (d) of the Criminal Code (Ill. Rev. Stat. 1969, ch. 38, par. 17(l)(d)), a misdemeanor. Prior to a jury trial, on motion of the State, the charge was stricken, with leave to reinstate. Defendant was then charged by indictment with felonious theft in violation of section 16 \u2014 1(b) of the Criminal Code (Ill. Rev. Stat. 1969, ch. 38, par. 16 \u2014 1(b)). The indictment was based on facts identical to those underlying the misdemeanor charge. Defendant, claiming double jeopardy, moved to dismiss and the trial court granted the motion.\nThe sole issue on review is whether the State\u2019s attempt to prosecute defendant on the indictment placed him in double jeopardy.\nDefendant has filed neither an appearance nor a brief in this matter. In such circumstances, this court, in its discretion, may either reverse tire matter pro forma or consider the merits of the appeal. (People v. Marro, 4 Ill.App.3d 197, 280 N.E.2d 560.) In this case we will consider the merits of the appeal.\nOpinion\nWe agree with the State\u2019s interpretation that a trial begins and jeopardy attaches in a jury trial when the jury has been impaneled and sworn. (People v. Pierce, 34 Ill.2d 382, 216 N.E.2d 120.) Extended discussion is unnecessary. Since the former prosecution was dismissed prior to impanelment of any members of a jury, there was no prosecution and it was error for the trial court to dismiss the indictment.\nThe judgment of the circuit court is reversed and the cause is remanded for further proceedings not inconsistent with this opinion.\nReversed and remanded.\nSULLIVAN, P. J., and DRUCKER, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE LORENZ"
      }
    ],
    "attorneys": [
      "Bernard Carey, State\u2019s Attorney, of Chicago (Patrick T. Driscoll, Jr., and Fran Baumgart, Assistant State\u2019s Attorneys, of counsel), for the People.",
      "No appearance for appellee."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellant, v. Nicholas Grevan, Defendant-Appellee.\n(No. 59936;\nFirst District (5th Division)\nNovember 8, 1974.\nBernard Carey, State\u2019s Attorney, of Chicago (Patrick T. Driscoll, Jr., and Fran Baumgart, Assistant State\u2019s Attorneys, of counsel), for the People.\nNo appearance for appellee."
  },
  "file_name": "0997-01",
  "first_page_order": 1021,
  "last_page_order": 1022
}