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PEOPLE v. ELWELL

No. 75-88.

48 Ill. App.3d 628 (1977)

362 N.E.2d 830

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RUSSELL ELWELL, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing denied May 26, 1977.

Attorney(s) appearing for the Case

Sam Adam, of Chicago, and August J. Santoro, of Frankfort, for appellant.

Edward Petka, State's Attorney, of Joliet (Richard Balough, Assistant State's Attorney, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE SCOTT delivered the opinion of the court:

Russell Elwell, the defendant, was charged by a two-count indictment returned by a grand jury of Will County with the offense of having murdered Anthony Darby and with the offense of attempted murder by stabbing of Roy Harmon. The defendant was first tried for these offenses in November 1973; however, a mistrial resulted when the jury was unable to reach a verdict. Upon retrial the...

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