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PEOPLE v. KELLY

No. 78-1202.

89 Ill. App.3d 400 (1980)

411 N.E.2d 1012

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RUSSELL KELLY, Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

Opinion filed September 30, 1980.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (John Lanahan, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Kathleen Warnick, and Susan Ruscitti Grussel, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE HARTMAN delivered the opinion of the court:

Defendant was charged by information with armed robbery under section 18-2 of the Criminal Code of 1961 (Ill. Rev. Stat. 1975, ch. 38, par. 18-2). Following a jury trial he was convicted of the lesser included offense of robbery and was sentenced to a term of 6 years in the penitentiary. His appeal raises as issues whether he was proved guilty beyond a reasonable doubt and whether the...

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