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PEOPLE v. HOLMES

No. 48593.

67 Ill.2d 236 (1977)

367 N.E.2d 663

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. ANTHONY HOLMES, Appellee.

Supreme Court of Illinois.

Rehearing denied October 3, 1977.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (James B. Zagel and Jayne A. Carr, Assistant Attorneys General, of Chicago, and Laurence J. Bolon and Linda Ann Miller, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (Robert B. Thompson, Ronald P. Alwin, Dale W. Broeder, William Murphy, and Larry Sufferdin, Assistant Public Defenders, of counsel), for appellee.

Appellate court reversed; circuit court affirmed.

MR. JUSTICE GOLDENHERSH delivered the opinion of the court:

In a bench trial in the circuit court of Cook County, defendant, Anthony Holmes, was convicted of the murder of Joseph Murphy. The appellate court reversed (38 Ill.App.3d 122), and we allowed the People's petition for leave to appeal. The facts are stated in the opinion of the

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