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PEOPLE v. RUSS

No. 61103.

31 Ill. App.3d 385 (1975)

334 N.E.2d 108

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ALFRED RUSS, JR., Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

Supplemental opinion upon denial of rehearing September 2, 1975.

Attorney(s) appearing for the Case

Paul Bradley, James R. Streicker, and Gordon Berry, all of State Appellate Defender's Office, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon and Mary Ellen Dienes, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE HAYES delivered the opinion of the court:

Defendant-appellant, Alfred Russ, Jr. (hereafter defendant), was charged in a three-count indictment with alternative offenses of murder (Ill. Rev. Stat. 1971, ch. 38, pars. 9-1(a)(1), 9-1(a)(2)) and with the offense of arson (Ill. Rev. Stat. 1971, ch. 38, par. 20-1). Immediately before trial the two alternative counts of murder were nolle prossed by the State. After a "stipulated bench...

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