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PEOPLE v. LUTTMER

No. 76-153.

48 Ill. App.3d 303 (1977)

362 N.E.2d 1093

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. FRED LUTTMER, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed April 29, 1977.

Attorney(s) appearing for the Case

Ralph Ruebner and Andrew Berman, both of State Appellate Defender's Office, of Elgin, for appellant.

Jack Hoogasian, State's Attorney, of Waukegan (Phyllis J. Perko and Martin P. Moltz, both of Illinois State's Attorneys Association, of counsel), for the People.

Conviction affirmed, sentence vacated and cause remanded.

Mr. JUSTICE SEIDENFELD delivered the opinion of the court:

Defendant was charged with involuntary manslaughter and convicted of the included offense of reckless homicide (Ill. Rev. Stat. 1973, ch. 38, par. 9-3) after a jury trial. He was sentenced to a term with a minimum of one year and a maximum of three years in the penitentiary. He appeals contending that he was not proved guilty of reckless homicide...

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