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PEOPLE v. DIAZ

No. 61403.

38 Ill. App.3d 447 (1976)

348 N.E.2d 199

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LAZARDO DIAZ, Defendant-Appellant.

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

Rehearing denied May 25, 1976.

Attorney(s) appearing for the Case

Julius Lucius Echeles and Frederick F. Cohn, both of Chicago, for appellant.

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

Judgment affirmed.

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

Defendant, Lazardo Diaz, was indicted for the murder of Jose Mercado. (Ill. Rev. Stat. 1973, ch. 38, par. 9-1.) After a jury trial, he was found guilty of the lesser included offense of voluntary manslaughter (Ill. Rev. Stat. 1973, ch. 38, par. 9-2(b)), and was sentenced to the penitentiary for a term of 2 to 6 years.

Defendant now appeals and presents five issues for...

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