PEOPLE v. SUERTH

No. 80-292.

97 Ill. App.3d 1005 (1981)

423 N.E.2d 1185

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DONALD J. SUERTH, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Opinion filed June 25, 1981.


Attorney(s) appearing for the Case

Julius Lucius Echeles and Frederick F. Cohn, both of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Marcia B. Orr, Mary Ellen Dienes, and Casimir J. Bartnik, Assistant State's Attorneys, of counsel), for the People.


Reversed and remanded.

Mr. JUSTICE JOHNSON delivered the opinion of the court:

Defendant, Donald J. Suerth, was charged in a four-count information: counts one and two, murder (Ill. Rev. Stat. 1977, ch. 38, pars. 9-1(a)(1), 9-1(a)(2)); count three, armed violence, alleging the underlying offense of murder (Ill. Rev. Stat. 1977, ch. 38, par. 33A-2); and count four, armed violence, alleging that he committed the underlying offense of voluntary manslaughter ...

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