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PEOPLE v. GARRETT

No. 47482.

62 Ill.2d 151 (1975)

339 N.E.2d 753

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. SAMMIE GARRETT, Appellee.

Supreme Court of Illinois.

Rehearing denied January 22, 1976.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Dale W. Broeder, Vincent M. Gaughan and Matthew J. Beemsterboer, Assistant Public Defenders, of counsel), for appellant.

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (James B. Zagel and Jayne A. Carr, Assistant Attorneys General, of Chicago, and Laurence J. Bolon, Thomas D. Rafter, and Patrick T. Driscoll, Jr., Assistant State's Attorneys, of counsel), for the People.

Appellate court reversed; circuit court affirmed in part and reversed in part.

MR. JUSTICE GOLDENHERSH delivered the opinion of the court:

In a bench trial in the circuit court of Cook County, defendant, Sammie Garrett, was found guilty of murder (Ill. Rev. Stat. 1969, ch. 38, par. 9-1(a)(2)) and unlawful use of weapons (knowing possession of a shotgun with a barrel less than 18 inches in length (ch. 38, par. 24-1(a)(7)). He was sentenced to concurrent terms...

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