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PEOPLE v. COOK

No. 78-5.

78 Ill. App.3d 695 (1979)

397 N.E.2d 439

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES COOK, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing denied December 20, 1979.

Attorney(s) appearing for the Case

Robert Agostinelli and Theodore Gottfried, both of State Appellate Defender's Office, of Ottawa, and Michael Margolies, law student, for appellant.

Michael M. Mihm, State's Attorney, of Peoria (John X. Breslin and Joseph A. Mueller, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Affirmed in part and vacated in part.

Mr. JUSTICE BARRY delivered the opinion of the court:

On April 29, 1977, the defendant, James Cook, was involved in a shooting and armed robbery at the Veteran's Club in Peoria. Cook and four others were charged in a 13-count information with six counts of aggravated battery (three counts under section 12-4(b)(1) of the Criminal Code of 1961 (Ill. Rev. Stat. 1975, ch. 38, par. 12-4(b)(1)), and three counts under section...

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