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PEOPLE v. DUNCAN

No. 62199.

115 Ill.2d 429 (1987)

505 N.E.2d 307

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. WILLIAM DUNCAN, Appellant.

Supreme Court of Illinois.

Rehearing denied March 30, 1987.

Attorney(s) appearing for the Case

Ramsey Clark, Lawrence W. Schilling and Weldon Brewer, of New York, New York, and Louis F. Pignatelli, of Rock Falls, for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Roma J. Stewart, Solicitor General, and Mark L. Rotert, Assistant Attorney General, of Chicago, of counsel), for the People.

Thomas V. Gainer, Jr., and Rimas Cernius, Assistant State's Attorneys, of Chicago, for amicus curiae Richard M. Daley, State's Attorney.

Reversed and remanded.

JUSTICE WARD delivered the opinion of the court:

The defendant, William Duncan, was indicted with Perry Olinger in the circuit court of Whiteside County for crimes of murder, armed robbery, armed violence and conspiracy (Ill. Rev. Stat. 1981, ch. 38, pars. 9-1, 18-2, 33A-2, 8-2). A jury found the defendants guilty on all counts and, following a hearing before the court on factors in aggravation and mitigation, Duncan was sentenced to...

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