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PEOPLE v. MONAGHAN

No. 62459.

40 Ill. App.3d 322 (1976)

352 N.E.2d 295

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROBERT MONAGHAN, Defendant-Appellant.

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

Modified upon denial of rehearing August 20, 1976.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Daniel E. Radakovich and Marc Fogelberg, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, Eugene J. Rudnik, Jr., and Edward V. Vienuzis, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE SIMON delivered the opinion of the court:

Defendant, Robert Monaghan, was indicted along with James Kemper for an armed robbery of a desk clerk at a hotel on the north side of Chicago in the early morning hours of December 1, 1973. Kemper was found unfit to stand trial. In his trial before a jury, defendant did not dispute that he had taken part in the robbery, but claimed that Kemper had compelled him to participate. Defendant...

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