PEOPLE v. CLAY

No. 4-87-0319.

165 Ill. App.3d 68 (1987)

518 N.E.2d 659

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. EDDIE L. CLAY, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed December 30, 1987.


Attorney(s) appearing for the Case

Daniel D. Yuhas and Jane Raley, both of State Appellate Defender's Office, of Springfield, for appellant.

Thomas K. Leeper, State's Attorney, of Quincy (Kenneth R. Boyle, Robert J. Biderman, and Linda Cullom, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.


Affirmed in part, and vacated in part and remanded.

JUSTICE LUND delivered the opinion of the court:

After a jury trial, defendant was convicted of armed violence and voluntary manslaughter in violation of sections 33A-2 and 9-2, respectively, of the Criminal Code of 1961 (Ill. Rev. Stat. 1985, ch. 38, pars. 33A-2, 9-2). The underlying felony for the armed violence conviction was aggravated battery. (Ill. Rev. Stat. 1985, ch. 38, par.

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