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PEOPLE v. LOTT

No. 48216.

66 Ill.2d 290 (1977)

362 N.E.2d 312

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. FREDDIE LEE LOTT, Appellee.

Supreme Court of Illinois.

Opinion filed April 5, 1977.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and David DeDoncker, State's Attorney, of Rock Island (James B. Zagel, and Jayne A. Carr, Assistant Attorneys General, of Chicago, and James E. Hinterlong, and Bernard L. Rivkin, of the Illinois State's Attorneys Association Appellate Assistance Service, of Ottawa, of counsel), for the People.

Robert Agostinelli, Deputy Defender, Office of the State Appellate Defender, of Ottawa, for appellee.

Judgment affirmed.

MR. JUSTICE CLARK delivered the opinion of the court:

There are two issues on this appeal: the first question relates to the propriety of the appellate court decision to consider this issue on review; the second question pertains to the soundness of the trial court decision to deny the defense motion for continuance, on the grounds of surprise, to search for surrebuttal witnesses to refute newly...

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