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PEOPLE v. KELLY

No. 80-892.

105 Ill. App.3d 280 (1982)

434 N.E.2d 312

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. RICHARD KELLY, Defendant-Appellant.

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

Opinion filed March 25, 1982.

Attorney(s) appearing for the Case

Julius L. Sherwin, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Joel A. Stein, and Frank Castiglione, Assistant State's Attorneys, of counsel), for the People.

Judgment reversed.

PRESIDING JUSTICE JOHNSON delivered the opinion of the court:

Defendant, Richard Kelly, was charged with involuntary manslaughter (Ill. Rev. Stat. 1977, ch. 38, par. 9-3(a)) and aggravated battery (Ill. Rev. Stat. 1977, ch. 38, par. 12-4(a)). After a jury trial, he was found guilty of involuntary manslaughter and not guilty of aggravated battery; he was sentenced to a term of 3 years in the Department of Corrections. Defendant appeals. The...

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