What constitutes a violation of section 7 and what remedy, if any, is available has been the subject of much litigation in recent years. People v. Howell (1975), 60 Ill.2d 117, 324 N.E.2d 403; People v. Hendrix (1973), 54 Ill.2d 165, 295 N.E.2d 724; People v. Kirkley (1978), 60 Ill. App.3d 746, 377 N.E.2d 540; People v. Kilgore (1976), 39 Ill. App.3d 1000, 350 N.E.2d 810; People v. Sanders (1976), 36 Ill. App.3d 518, 344 N.E.2d 479; People v. Todd (1976), 34 Ill. App.3d 844, 340 N.E.2d 669; People v. Price (1975), 32 Ill. App.3d 610, 336 N.E.2d 56; People v. Moore (1975), 28 Ill. App.3d 1085, 329 N.E.2d 893; People v. Hunt (1975), 26 Ill. App.3d 776, 326 N.E.2d 164. In most reported cases the defendant was initially charged by complaint or information, held in custody or to bail without a preliminary hearing, and later indicted by a grand jury for the same offense.
Absent an appropriate motion by defendant for a continuance and for the production of the report or an explanation of the failure to so produce it, it cannot be said that the trial court abused its discretion in failing to order such actions, sua sponte. ( People v. Sanders, 36 Ill. App.3d 518, 344 N.E.2d 479; People v. Wilson, 32 Ill. App.3d 842, 336 N.E.2d 92; People v. Embry, 12 Ill. App.3d 332, 297 N.E.2d 604.) Moreover, while it was clear that the police report was once in existence, at the time of trial the State denied having the report.
The rule has also been stated as, `a conclusion that the defendant is guilty beyond a reasonable doubt need not follow necessarily from the proven circumstances, but may be obtained therefrom by probable deduction.' [Citations.]" People v. Sanders (1976), 36 Ill. App.3d 518, 522, 344 N.E.2d 479, 482. • 4 Reasonable doubt in circumstantial evidence cases is measured by whether the evidence leaves any reasonable hypothesis of innocence unanswered.