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PEOPLE v. SMITH

No. 4-83-0677.

124 Ill. App.3d 720 (1984)

464 N.E.2d 824

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. FRANCIS DALE SMITH, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied June 29, 1984.

Attorney(s) appearing for the Case

Daniel D. Yuhas and Gary R. Peterson, both of State Appellate Defender's Office, of Springfield, for appellant.

Anthony B. Cameron, State's Attorney, of Quincy (Robert J. Biderman and Linda Welge, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

JUSTICE WEBBER delivered the opinion of the court:

Following a jury trial, defendant was convicted of the offense of murder, a violation of section 9-1 of the Criminal Code of 1961 (Ill. Rev. Stat. 1981, ch. 38, par. 9-1). He was sentenced to a term of 30 years' imprisonment. Defendant appeals his conviction, contending that the trial court erred when it refused to instruct the jury on the...

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