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PEOPLE v. ELSTON

No. 85-1924.

158 Ill. App.3d 652 (1987)

511 N.E.2d 710

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. PHILLIP ELSTON et al., Defendants-Appellants.

Appellate Court of Illinois — First District (1st Division).

Rehearing denied August 24, 1987.

Modified opinion filed August 31, 1987.

Attorney(s) appearing for the Case

Samuel J. Cahnman, of Springfield (Mary Ellen Dienes, of counsel), for appellant Henry Johnson.

Paul P. Biebel, Jr., Acting Public Defender, of Chicago (Linda J. Seeley, Assistant Public Defender, of counsel), for appellant Phillip Elston.

Richard M. Daley, State's Attorney, of Chicago (Thomas V. Gainer, Jr., Paula Carstensen, and Mark F. Smolens, Assistant State's Attorneys, of counsel), for the People.

Reversed in part, and vacated in part and remanded.

PRESIDING JUSTICE QUINLAN delivered the opinion of the court:

Defendants Elston and Johnson, along with codefendants Lincoln and Watson, were jointly indicted on charges of murder, attempted murder, aggravated battery, residential burglary, and home invasion in connection with an incident occurring March 3, 1984, at 1741 East 71st Street in Chicago. All defendants except Watson gave post-arrest statements...

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