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PEOPLE v. STACK

No. 61166.

112 Ill.2d 301 (1986)

493 N.E.2d 339

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. RICHARD STACK, Appellee.

Supreme Court of Illinois.

Opinion filed May 12, 1986.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Richard M. Daley, State's Attorney, of Chicago (Mark L. Rotert, Assistant Attorney General, of Chicago, and Michael E. Shabat, Inge Fryklund and Joan S. Cherry, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (Marilyn Martin, Assistant Public Defender, of counsel), for appellee.

Affirmed in part and remanded.

JUSTICE SIMON delivered the opinion of the court:

Is a defendant entitled to a new trial because the State responded to his insanity defense by introducing evidence, over objection, that the defendant exercised his right against self-incrimination after being given the Miranda warnings?

Sometime during the afternoon of May 11, 1980, Richard Stack killed his wife and infant son. Defendant admitted the killings but...

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