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PEOPLE v. MAYS

No. 54800.

91 Ill.2d 251 (1982)

437 N.E.2d 633

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. ROBERT LEE MAYS, Appellee.

Supreme Court of Illinois.

Opinion filed June 1, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield, and James T. Teros, State's Attorney, of Rock Island (Herbert Lee Caplan, Melbourne A. Noel, Jr., and David Bindi, Assistant Attorneys General, all of Chicago, and John X. Breslin and Terry A. Mertel, of the State's Attorneys Appellate Service Commission, both of Ottawa, of counsel), for the People.

Robert Agostinelli, G. Joseph Weller, Peter A. Carusona, and Michael Filipovic, of the Office of the State Appellate Defender, of Ottawa, for appellee.

Appellate court reversed; circuit court affirmed.

JUSTICE SIMON delivered the opinion of the court:

The defendant, Robert Lee Mays, was charged by information with rape. After a trial by jury, he was convicted and sentenced to 10 years in prison by the circuit court of Rock Island County.

On appeal, the defendant made two arguments: first, that the trial court erred in refusing his tendered jury instruction...

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