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PEOPLE v. PHIPPS

No. 53083.

83 Ill.2d 87 (1980)

413 N.E.2d 1277

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. WILLIAM PHIPPS, Appellee.

Supreme Court of Illinois.

Opinion filed December 1, 1980.

Attorney(s) appearing for the Case

Tyrone C. Fahner and William J. Scott, Attorneys General, of Springfield, and Roger Thompson, State's Attorney, of Lincoln (Melbourne A. Noel and Donald B. Mackay, Assistant Attorneys General, of Chicago, and Gary J. Anderson, of the State's Attorneys Appellate Service Commission, of Springfield, of counsel), for the People.

Fuller, Hopp & Barr, P.C., of Decatur (Richard W. Hopp, of counsel), for appellee.

Reversed and remanded.

MR. JUSTICE CLARK delivered the opinion of the court:

The defendant, William Phipps, was charged by information on September 25, 1978, with cruelty to persons (Ill. Rev. Stat. 1977, ch. 23, par. 2368), maltreatment of a mentally retarded person (Ill. Rev. Stat. 1977, ch. 91 1/2, par. 15-1), and battery (Ill. Rev. Stat. 1977, ch. 38, par. 12-3(a)(1)). It was alleged by the State that the defendant...

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