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PEOPLE v. McTUSH

No. 78-725.

78 Ill. App.3d 603 (1979)

397 N.E.2d 463

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOHN McTUSH et al., Defendants-Appellants.

Appellate Court of Illinois — First District (5th Division).

Opinion filed October 26, 1979.

Attorney(s) appearing for the Case

Peter C. Rolewicz, of Chicago, for appellant Lonzell Stone.

Ralph Ruebner and Gary Jay Ravitz, both of State Appellate Defender's Office, of Chicago, for appellant John McTush.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr and Paul C. Gridelli, Assistant State's Attorneys, of counsel), for the People.

Reversed in part, affirmed in part, and sentence vacated and remanded.

Mr. JUSTICE LORENZ delivered the opinion of the court:

Defendants John McTush and Lonzell Stone were jointly indicted for the murders and armed robberies of two men and for burglary. McTush was tried before a jury and was found guilty of murder (Ill. Rev. Stat. 1975, ch. 38, par. 9-1), armed robbery (Ill. Rev. Stat. 1975, ch. 38, par. 18-2), and burglary (Ill. Rev. Stat. 1975, ch. 38, par...

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