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PEOPLE v. McCUTCHEON

No. 61635.

111 Ill.2d 487 (1986)

490 N.E.2d 662

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JOHN V. McCUTCHEON, Appellee.

Supreme Court of Illinois.

Rehearing denied April 1, 1986.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and James Tomaw, State's Attorney, of Newton (Mark L. Rotert, Assistant Attorneys General, and Kenneth R. Boyle, Stephen E. Norris and Raymond F. Buckley, Jr., of the State's Attorneys Appellate Service Commission, of Mt. Vernon, of counsel), for the People.

Randy E. Blue and Patricia M. Sarter, of the Office of the State Appellate Defender, of Mt. Vernon, for appellee.

Appellate court affirmed in part and reversed in part; circuit court affirmed in part and vacated in part; cause remanded.

JUSTICE GOLDENHERSH delivered the opinion of the court:

In an eight-count information filed in the circuit court of Jasper County, defendant, John V. McCutcheon, was charged with two counts of attempted murder (Ill. Rev. Stat. 1981, ch. 38, par. 8-4(a)), one count each of rape (Ill. Rev. Stat. 1981, ch. 38, par. 11-1(a)), aggravated battery...

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