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PEOPLE v. MUIR

No. 74-123.

38 Ill. App.3d 1051 (1976)

349 N.E.2d 423

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DAVID ERNEST MUIR, Defendant-Appellant.

Appellate Court of Illinois — Second District (1st Division).

Rehearing denied July 9, 1976.

Attorney(s) appearing for the Case

Ralph Ruebner and Phyllis J. Perko, both of State Appellate Defender's Office, of Elgin, for appellant.

John J. Bowman, State's Attorney, of Wheaton (Malcolm F. Smith, Assistant State's Attorney, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

Defendant was convicted of attempt murder (Ill. Rev. Stat. 1973, ch. 38, pars. 8-4(a), 9-1(a)(2)) after a jury trial and sentenced to four to eight years' imprisonment. He appeals, contending that the indictment was void. He alternatively contends that he was not proven guilty beyond a reasonable doubt, that prejudicial trial errors were committed, and that the sentence was excessive...

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