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PEOPLE v. MILLER

No. 56561.

96 Ill.2d 385 (1983)

450 N.E.2d 322

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. CHARLES MILLER, Appellee.

Supreme Court of Illinois.

Rehearing denied May 27, 1983.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield, and Tim P. Olson, State's Attorney, of Jacksonville (Michael B. Weinstein and Darrell Panethiere, Assistant Attorneys General, of Chicago, and Robert J. Biderman and Garry W. Bryan, of the State's Attorneys Appellate Service Commission, of Springfield, of counsel), for the People.

Daniel D. Yuhas, Deputy Defender, and Gary R. Peterson, Assistant Defender, of Springfield, for appellee.

Reversed and remanded.

JUSTICE MORAN delivered the opinion of the court:

Charles Miller (defendant), Clarence Armstrong and Randy Williams were charged by information with the offenses of murder, kidnaping, aggravated kidnaping and armed robbery of Neil Gorsuch in violation of sections 9-1(a)(1), 10-1(a)(2), 10-2(a)(5), and 18-2(a) of the Criminal Code of 1961 (Ill. Rev. Stat. 1979, ch. 38, pars. 9-1(a)(1), 10-1(a)(2), 10-2(a)(5), 18-2(a)). Defendant and Armstrong...

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