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PEOPLE v. BROWNELL

No. 51646.

79 Ill.2d 508 (1980)

404 N.E.2d 181

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. CURTIS J. BROWNELL, Appellant.

Supreme Court of Illinois.

Rehearing denied May 29, 1980.

Attorney(s) appearing for the Case

Mary Robinson, Deputy Defender, and Mark Schuster, Assistant Defender, of the Office of the State Appellate Defender, of Elgin (Robert Davison, Martin Carlson, Richard Cunningham, Verlin Meinz, and Charles M. Schiedel, of counsel), for the appellant.

William J. Scott, Attorney General, of Springfield, and John's H. Maville, State's Attorney, of Belvidere (Donald B. Mackay, Melbourne A. Noel, Jr., and Stuart H. Shiffman, Assistant Attorneys General, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (Robert P. Isaacson, Aaron L. Meyers, and John Thomas Moran, Assistant Public Defenders, of counsel), amicus curiae.

Affirmed in part and reversed in part; sentence vacated; cause remanded.

MR. JUSTICE CLARK delivered the opinion of the court:

In a five-count indictment the defendant, Curtis J. Brownell, was charged with the murder, aggravated kidnapping and rape of Louise M. Betts. Count I charged that the defendant "committed the offense of murder, in that he, without lawful justification and with the intent to kill Louise M. Betts, strangled" her and thereby caused her...

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