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PEOPLE v. FOSTER

No. 12617.

23 Ill. App.3d 559 (1974)

319 N.E.2d 522

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CLARENCE FOSTER, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

November 21, 1974.

Attorney(s) appearing for the Case

John F. McNichols and John L. Swartz, both of State Appellate Defender's Office, of Springfield, for appellant.

Bobby F. Sanders, State's Attorney, of Charleston, for the People.

Reversed and remanded.

Mr. JUSTICE SIMKINS delivered the opinion of the court:

Defendant, Clarence Foster, appeals from his conviction for the offense of burglary in violation of section 19-1 of the Criminal Code (Ill. Rev. Stat. 1973, ch. 38, par. 19-1) and from a sentence imposed of 3 to 9 years. The only issue raised on this appeal is whether the court erred in giving a misleading instruction to the jury on the law regarding the defense of intoxication...

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