[DOWNLOAD] "People v. Biederman" by Illinois Appellate Court — Second District Appeal Dismissed # Book PDF Kindle ePub Free

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eBook details

• Title: People v. Biederman
• Author : Illinois Appellate Court — Second District Appeal Dismissed
• Release Date : January 25, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

The defendant was found guilty by a Winnebago County jury of aggravated battery and mob action on May 9, 1980. (Ill. Rev. Stat. 1979, ch. 38, pars. 12-4(b) and 25-1(a)(1).) The charges resulted from defendant's participation in a counterdemonstration against a Nazi rally held in Sinnissippi Park in Rockford, Illinois, on September 15, 1979, during which a police officer was injured. Defendant's motions for a new trial and judgment notwithstanding the verdict were denied. The court sentenced the defendant to a 12-month period of conditional discharge on July 11, 1980, for the aggravated battery offense. Defendant now appeals, raising six issues, one of which concerns the mob action offense. Although the State did not raise the issue, we determine the appeal must be dismissed without consideration of the merits of these issues for lack of a final, appealable order. • 1, 2 Before the merits of an appeal are addressed, the appellate court first has the duty to determine whether it has jurisdiction. (People v. Williams (1977), 53 Ill. App.3d 335.) Appellate courts, subject to statutory exceptions, are without jurisdiction to review judgments, orders, or decrees which are not final. (People v. Culhane (1975), 34 Ill. App.3d 158.) In a criminal case, a final judgment is that which terminates the litigation on its merits and usually that consists of a judgment of guilt and the imposition of a sentence. In re A.M. (1981), 94 Ill. App.3d 86.

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