PEOPLE v. PHILLIPS

No. 85-2050.

159 Ill. App.3d 142 (1987)

512 N.E.2d 734

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DONALD TROY PHILLIPS, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed July 31, 1987.


Attorney(s) appearing for the Case

Steven Clark and Patricia Unsinn, both of State Appellate Defender's Office, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Thomas V. Gainer, Jr., Kenneth T. McCurry, and Paul A. Tanzillo, Assistant State's Attorneys, of counsel), for the People.


Reversed and remanded.

JUSTICE LORENZ delivered the opinion of the court:

Following a jury trial, defendant was found guilty of murder and was sentenced to a term of imprisonment for 38 years. He appeals urging the following: (1) his right to due process was violated by the denial of his request that the jury be instructed that it might convict him of voluntary manslaughter if it found he acted under a sudden and intense passion resulting from serious provocation...

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