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PEOPLE v. KIRK

No. 78-175.

76 Ill. App.3d 459 (1979)

394 N.E.2d 1212

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

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

Rehearing denied September 27, 1979.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Timothy O'Neill, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, James S. Veldman, and Paul D. Kerpan, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE ROMITI delivered the opinion of the court:

The defendant was convicted of the murder of Allan W. Alberts and sentenced to from 35 to 70 years in the Illinois Department of Corrections. He appeals, contending that the trial court (1) committed reversible error when during jury deliberation it asked the jury the numerical count of the last ballot; (2) erred in not declaring a mistrial...

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