PEOPLE v. BANKS

Nos. 81-2727, 82-2798 cons.

121 Ill. App.3d 279 (1984)

459 N.E.2d 992

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LOREN E. BANKS II, Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied February 15, 1984.


Attorney(s) appearing for the Case

Steven Clark, of State Appellate Defender's Office, of Chicago, and Carl P. Clavelli, Sherman C. Magidson, and Mary Rosiek, all of Chicago, pro bono, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Marie Quinlivan, and Jane E. Liechty, Assistant State's Attorneys, of counsel), for the People.


Reversed and remanded.

JUSTICE PERLIN delivered the opinion of the court:

Loren E. Banks II (defendant) was indicted on two counts of murder (Ill. Rev. Stat. 1979, ch. 38, pars. 9-1(a)(1), 9-1(a)(2)) and one count of armed violence (Ill. Rev. Stat. 1979, ch. 38, par. 33A-2). Prior to trial, the court approved the State's motion to nolle prosequi the armed-violence count. On October 7, 1981, following a jury trial, defendant was found guilty of the murder...

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