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PEOPLE v. SMITH

No. 79-999.

86 Ill. App.3d 302 (1980)

408 N.E.2d 101

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LARRY H. SMITH, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed July 22, 1980.

Attorney(s) appearing for the Case

Robert Agostinelli and G. Joseph Weller, both of State Appellate Defender's Office, of Ottawa, for appellant.

L. Patrick Power, State's Attorney, of Kankakee (John X. Breslin, of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed, sentence vacated and cause remanded.

Mr. PRESIDING JUSTICE ALLOY delivered the opinion of the court:

Larry Smith, the defendant, was convicted by a jury of attempt murder and two counts of aggravated battery, arising from an attack on his ex-wife.

The Smiths were divorced on November 30, 1978, after 15 years of marriage. The victim, Sharon Smith, testified that, on July 12, 1979, she returned home from an after-work shopping errand...

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