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PEOPLE v. McMURRY

Gen. No. 64-66.

64 Ill. App.2d 248 (1965)

212 N.E.2d 7

The People of the State of Illinois, Plaintiff-Appellee, v. Carl Ambrose McMurry, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Rehearing denied December 8, 1965.

Attorney(s) appearing for the Case

Robert P. O'Meara and Richard B. Kuseski, both of Waukegan (Richard B. Kuseski, of counsel), for appellant.

Bruno W. Stanczak, State's Attorney, of Waukegan (Jack Hoogasian, Assistant State's Attorney, of counsel), for appellee.

MR. JUSTICE MORAN delivered the opinion of the Court.

Defendant-Appellant was indicted on four counts of murder and one count of voluntary manslaughter. The jury returned a verdict finding him guilty on the manslaughter count, but returned no verdict on the murder counts.

Defendant's principal contention is that the evidence failed to sustain the charge of voluntary manslaughter. This count of the indictment alleged that the defendant:

"... committed...

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