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PEOPLE v. COLE

No. 13941.

47 Ill. App.3d 775 (1977)

362 N.E.2d 432

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WILBERT COLE (Impleaded), Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed April 25, 1977.

Attorney(s) appearing for the Case

Richard J. Wilson and Karen Munoz, both of State Appellate Defender's Office, of Springfield, for appellant.

Patrick M. Walsh, State's Attorney, of Decatur (Thomas W. Gendry, Assistant State's Attorney, of counsel), for the People.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE REARDON delivered the opinion of the court:

The defendant, Wilbert Cole, and two other persons were charged with the offenses of battery and aggravated battery in violation of sections 12-3 and 12-4(b)(8) of the Criminal Code of 1961 (Ill. Rev. Stat. 1975, ch. 38, pars. 12-3, 12-4(b)(8)). After a trial before a Macon county jury, a co-defendant was found not guilty of both charges, while defendant...

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