PEOPLE v. McTUSH

No. 52843.

81 Ill.2d 513 (1980)

410 N.E.2d 861

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JOHN McTUSH, Appellee.

Supreme Court of Illinois.

Opinion filed September 15, 1980.


Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (Donald B. Mackay and Melbourne A. Noel, Jr., Assistant Attorneys General, of Chicago, and Marcia B. Orr and Paul C. Gridelli, Assistant State's Attorneys, of counsel), for the People.

Ralph Ruebner, Deputy Defender, of the Office of State Appellate Defender, of Chicago (Gary Ravitz, of counsel), for appellee.


Appellate court reversed; circuit court affirmed.

MR. JUSTICE CLARK delivered the opinion of the court:

The defendant, John McTush, was convicted of murder and armed robbery and burglary on October 19, 1977, by a jury in the circuit court of Cook County. Lonzell Stone, a codefendant, was tried without a jury contemporaneously and was also found guilty "in manner and form as charged in the indictment." After a hearing in aggravation and mitigation, McTush was...

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