{
  "id": 2764132,
  "name": "The People of the State of Illinois, Plaintiff-Appellee, v. Donald Lyons, Defendant-Appellant",
  "name_abbreviation": "People v. Lyons",
  "decision_date": "1972-11-22",
  "docket_number": "No. 71-304",
  "first_page": "695",
  "last_page": "696",
  "citations": [
    {
      "type": "official",
      "cite": "8 Ill. App. 3d 695"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 164,
    "char_count": 1998,
    "ocr_confidence": 0.74,
    "pagerank": {
      "raw": 9.505882454708161e-08,
      "percentile": 0.5221802506632626
    },
    "sha256": "469e183b0c25d70b2e1c64b7343b6f24fd1af9389cf76a388a41314dabb349bb",
    "simhash": "1:cd1db32ace3f9ea9",
    "word_count": 332
  },
  "last_updated": "2023-07-14T14:39:49.359959+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Plaintiff-Appellee, v. Donald Lyons, Defendant-Appellant."
    ],
    "opinions": [
      {
        "text": "Mr. JUSTICE CREBS\ndelivered the opinion of the court:\nDefendant was found guilty of the crime of forgery by a jury in the Circuit Court of Madison County.\nIn this appeal defendant contends that the trial court erred in refusing defendant\u2019s instruction on circumstantial evidence, that the State argued to the jury in a prejudicial and inflammatory manner, and that the defendant was not proved guilty beyond a reasonable doubt.\nDefendant presented a check to the Alton Banking and Trust Company drive-in banking facility. The facility is operated by a remote controlled television system. After presenting his check to the teller, the teller asked him if he had an account at the bank and the defendant said that he did. This was not true. A second teller recognized the defendant and noted that he was not the payee of the check. When the first teller asked the defendant for some identification, he drove away immediately and left the check with the teller.\nDefendant also alleges that it was error to exclude the last sentence of I.P.I. 3.02. The committee comments on that sentence state that it should be used as part of I.P.I. 3.02 only when the evidence is entirely circumstantial. This is not such a case and therefore it was not error to refuse that sentence.\nFinally, defendant maintains that the State argued to the jury in a prejudicial and inflammatory manner. The jury was instructed not to consider the opening and closing statements as evidence. The comments of the State\u2019s Attorney were a summary of the evidence as he viewed it and were not objected to by defendant at the time they were made.\nJudgment affirmed.\nG. MORAN, P. J., and EBERSPACHER, J., concur.",
        "type": "majority",
        "author": "Mr. JUSTICE CREBS"
      }
    ],
    "attorneys": [
      "Keith H. Fitzgerald, of Hallett and Struif, of East Alton, for appellant.",
      "R. W. Griffith, State\u2019s Attorney, of Edwardsville, for the People."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois, Plaintiff-Appellee, v. Donald Lyons, Defendant-Appellant.\n(No. 71-304;\nFifth District \u2014\nNovember 22, 1972.\nRehearing denied December 18, 1972.\nKeith H. Fitzgerald, of Hallett and Struif, of East Alton, for appellant.\nR. W. Griffith, State\u2019s Attorney, of Edwardsville, for the People."
  },
  "file_name": "0695-01",
  "first_page_order": 717,
  "last_page_order": 718
}