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PEOPLE v. FOSTER

No. 84-2618.

145 Ill. App.3d 477 (1986)

495 N.E.2d 1141

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JEROME FOSTER, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Opinion filed June 19, 1986.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Clyde Lemons, Jr., Assistant Public Defender, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Joan S. Cherry and Sharon Johnson Coleman, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

JUSTICE JOHNSON delivered the opinion of the court:

After a jury trial, Jerome Foster, defendant, was convicted of murder (Ill. Rev. Stat. 1983, ch. 38, par. 9-1), and sentenced to 35 years in the Department of Corrections.

Defendant appeals his conviction and argues that it should be reversed because the trial court (1) abused its discretion in denying him the right to call a material witness, (2) erred in refusing to instruct...

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