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PEOPLE v. WILLINGHAM

No. 80-82.

92 Ill. App.3d 1101 (1981)

416 N.E.2d 803

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. GARY M. WILLINGHAM, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed February 6, 1981.

Attorney(s) appearing for the Case

Verlin R.F. Meinz, of State Appellate Defender's Office, of Ottawa, for appellant.

John R. Barra, State's Attorney, of Peoria (John X. Breslin and Gerry R. Arnold, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE STOUDER delivered the opinion of the court:

Defendant, Gary M. Willingham, was indicted for two counts of murder and one count of attempt (attempt robbery). After an extensive hearing on his motion to suppress, the circuit court of Peoria County denied the motion and proceeded to the first trial of this cause and a declaration of a mistrial. At his second trial, defendant was acquitted of both counts of murder but convicted of...

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