In re Thomas
Illinois Appellate Court
65 Ill. App. 3d 136, 382 N.E.2d 556 (1978)
Facts
James Allen Thomas (defendant), a minor, was placed on probation after committing theft. Thomas was required to reside in Lawrence Hall, an institution where boys lived under the care of social workers. However, on a number of occasions, Thomas left Lawrence Hall without obtaining permission. The state (plaintiff) contended that Thomas’s unauthorized absences constituted a violation of the terms of his probation. At the trial court, the state offered testimony from Charles Sanders, the program director of Lawrence Hall. Sanders previously knew the dates of Thomas’s absences but could not recall the dates while he was testifying. The state provided Sanders with a written document from Lawrence Hall that contained the dates of Thomas’s absences. Sanders used the document to refresh his memory and then testified about the dates of Thomas’s absences. The trial court admitted Sanders’s testimony. Subsequently, the trial court revoked Thomas’s probation and sent Thomas to prison. Thomas appealed.
Rule of Law
Issue
Holding and Reasoning (Sullivan, J.)
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