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PEOPLE v. MUIR

No. 48756.

67 Ill.2d 86 (1977)

365 N.E.2d 332

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

Supreme Court of Illinois.

Opinion filed June 1, 1977.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and John J. Bowman and J. Michael Fitzsimmons, State's Attorneys, of Wheaton (James B. Zagel, Jayne A. Carr, and Anne Taylor, Assistant Attorneys General, of Chicago, and Malcolm F. Smith, Assistant State's Attorney, of counsel), for the People.

Ralph Ruebner, Deputy Defender, and Peter B. Nolte, Assistant Defender, of the Office of the State Appellate Defender, of Elgin, for appellee.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE RYAN delivered the opinion of the court:

The defendant, David Muir, was convicted of the offense of attempted murder (Ill. Rev. Stat. 1973, ch. 38, pars. 8-4(a), 9-1(a)(2)) following a jury trial in Du Page County. He was sentenced to 4 to 8 years' imprisonment. Upon appeal, the Appellate Court for the Second District reversed defendant's conviction. (...

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