Judgment affirmed as modified.
Mr. JUSTICE McNAMARA delivered the opinion of the court:
Defendant was indicted for murder, aggravated battery, attempt robbery and for one count of felony-murder. The latter count charged that while attempting to commit a forcible felony, armed robbery, defendant shot and killed the deceased. (Ill. Rev. Stat. 1969, ch. 38, par. 9-1(a-3).) Prior to trial, the court, at the request of the State, dismissed the attempt robbery charges...
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