Is a Statement by An Attorney a ''Judicial Admission'' ?

In People v. Howery, 178 Ill. 2d 1, 40-41, 687 N.E.2d 836, 227 Ill. Dec. 354 (1997), a criminal defendant asked the supreme court to find that remarks by a prosecutor in the State's rebuttal closing constituted a "judicial admission"; and our supreme court held that the closing remarks did "not constitute a judicial admission." Howery, 178 Ill. 2d at 42. In a parenthetical, the supreme court cited the civil case of Lowe, for the proposition that "whether or not a statement by an attorney is a judicial admission depends upon the circumstances of the individual case." Howery, 178 Ill. 2d at 41, discussing in a parenthetical Lowe, 167 Ill. App. 3d at 777.