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PEOPLE v. MILLER

No. 77-1873.

67 Ill. App.3d 415 (1978)

384 N.E.2d 1010

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOHN MILLER, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed December 27, 1978.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Donald S. Honchell, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger, Rimas F. Cernius, and Terrence P. Gillespie, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

Defendant, John Miller, was charged with attempt murder and armed robbery. He was acquitted of attempt murder but a mistrial was declared on the charge of armed robbery. At the second trial, a jury found him guilty of armed robbery and the court sentenced him to four to eight years. Defendant contends on appeal that he was not proved guilty beyond a reasonable doubt; that the court...

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