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PEOPLE v. MARTINEZ

No. 78-1242.

76 Ill. App.3d 280 (1979)

395 N.E.2d 86

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JULIO MARTINEZ, Defendant-Appellant.

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

Opinion filed September 12, 1979.

Attorney(s) appearing for the Case

Ralph Ruebner and Gordon Berry, both of State Appellate Defender's Office, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Iris E. Sholder, and James L. Alexander, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. PRESIDING JUSTICE SIMON delivered the opinion of the court:

The defendant's conviction by a jury of attempt murder stemmed from a barroom fight during which the defendant stabbed Juan Soto in the abdomen. Though the cause of the brawl is disputed, that the defendant pulled a steak knife from his pocket and stabbed Soto with it is not questioned.

At trial, the defendant claimed...

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