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PEOPLE v. PROPER

No. 78-111.

68 Ill. App.3d 250 (1979)

385 N.E.2d 882

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ARNOLD F. PROPER, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed January 31, 1979.

Attorney(s) appearing for the Case

Bernard A. Paul & Associates, of Marion, for appellant.

Robert H. Howerton, State's Attorney, of Marion (Raymond F. Buckley, Jr., and Martin N. Ashley, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE KARNS delivered the opinion of the court:

Following a jury trial in the Circuit Court of Williamson County, defendant was convicted of the murder of his wife, Barbara A. Proper. Defendant appeals challenging the propriety of the trial court's refusal to instruct the jury on criminal capacity, voluntary intoxication and on the lesser offense of voluntary manslaughter. In addition, defendant challenges the trial court's ruling...

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