PEOPLE v. SPEARS

No. 3-84-0174.

130 Ill. App.3d 1006 (1985)

475 N.E.2d 8

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. HENRY SPEARS, JR., Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing denied March 21, 1985.


Attorney(s) appearing for the Case

Robert Agostinelli and Thomas A. Lilien, both of State Appellate Defender's Office, of Ottawa, for appellant.

John A. Barra, State's Attorney, of Peoria (John X. Breslin and Rita Kennedy Mertel, both of State's Attorneys Appellate Service Commission, of counsel), for the People.


Reversed and remanded.

JUSTICE SCOTT delivered the opinion of the court:

The defendant, Henry Spears, Jr., was convicted of attempted murder, two counts of armed violence and two counts of reckless conduct. On appeal, he challenges his convictions and his sentence. We reverse.

At trial the State presented the following evidence. On July 9, 1983, the defendant was visiting the home of his wife, Barbara Spears, from whom he was separated. During the...

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