PEOPLE v. POTE

No. 59390.

26 Ill. App.3d 742 (1975)

326 N.E.2d 236

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LOUIS POTE, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Rehearing denied April 23, 1975.


Attorney(s) appearing for the Case

Reiff and Whalen, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Patrick T. Driscoll, Jr., and William F. Linkul, Assistant State's Attorneys, of counsel), for the People.


Judgment affirmed.

Mr. PRESIDING JUSTICE BARRETT delivered the opinion of the court:

Defendant was charged with the murder of Harold Davis (Ill. Rev. Stat. 1967, ch. 38, par. 9-1), and was found guilty by a jury of involuntary manslaughter (Ill. Rev. Stat. 1971, ch. 38, par. 9-3).

On appeal defendant contends that (1) he was denied due process of law by the giving of instructions to the jury on the charges of voluntary manslaughter and involuntary...

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