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PEOPLE v. SMITH

No. 77-990.

77 Ill. App.3d 321 (1979)

395 N.E.2d 1045

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CLAUDE SMITH, JR., Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Opinion filed September 27, 1979.

Attorney(s) appearing for the Case

Ralph Ruebner and Kenneth L. Jones, both of State Appellate Defender's Office, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger, Francis X. Speh, Jr., and Paul D. Kerpan, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE LINN delivered the opinion of the court:

At the conclusion of a jury trial in the circuit court of Cook County, defendant, Claude Smith, Jr., was found guilty of two counts of voluntary manslaughter (Ill. Rev. Stat. 1975, ch. 38, par. 9-2). He was sentenced to a term of 2 1/2, to 10 years imprisonment. On appeal, defendant contends the two killings were justified because the deadly force he used was necessary to prevent the commission...

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