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PEOPLE v. ATHEY

No. 13086.

43 Ill. App.3d 261 (1976)

356 N.E.2d 1332

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GARY ATHEY, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied December 3, 1976.

Attorney(s) appearing for the Case

Richard J. Wilson, Thomas Nelson, and Richard J. Geddes, all of State Appellate Defender's Office, of Springfield, for appellant.

No brief filed for the People.

Conviction affirmed, sentence reversed and remanded.

Mr. JUSTICE REARDON delivered the opinion of the court:

An Edgar County jury found the defendant, Gary Athey, guilty of attempt murder in violation of section 8-4 of the Criminal Code of 1961 (Ill. Rev. Stat. 1973, ch. 38, par. 8-4) and of aggravated battery in violation of section 12-4 of the Criminal Code of 1961 (Ill. Rev. Stat. 1973, ch. 38, par. 12-4...

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