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THE PEOPLE OF THE STATE OF ILLINOIS v. AGNEW

No. 67-73.

1 Ill. App.3d 1 (1971)

272 N.E.2d 410

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. FRED L. AGNEW, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

August 3, 1971.

Attorney(s) appearing for the Case

Morton Zwick, Executive Director Illinois Defender Project, of Chicago, (Matthew J. Moran, of counsel,) for appellant.

Robert H. Rice, State's Attorney, of Belleville, for the People.

Reversed and remanded.

Mr. JUSTICE MORAN delivered the opinion of the court:

Fred L. Agnew, defendant-appellant, was convicted of the crimes of rape and armed robbery in a jury trial in the circuit court of St. Clair County in a case that was very close on the facts.

He claims in this appeal that the trial court committed reversible error in giving the following instruction:

"The Court instructs the jury, that a doubt to justify an acquittal...

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