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PEOPLE v. McCARROLL

No. 85-2967.

168 Ill. App.3d 1020 (1988)

523 N.E.2d 150

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ANTONIO McCARROLL, Defendant-Appellant.

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

Opinion filed April 15, 1988.

Attorney(s) appearing for the Case

Paul P. Biebel, Jr., Public Defender, of Chicago (Georgeen M. Carson, Assistant Public Defender, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Thomas V. Gainer, Jr., Joan E. Disis, and Jerome F. Marconi, Jr., 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 Antonio McCarroll was convicted of murder and received a 25-year prison sentence. On appeal defendant contends: (1) the trial court erred when it refused to instruct the jury on involuntary manslaughter; (2) defendant was deprived of a fair trial when the prosecutor told the jury that accident was not a defense to murder; (3) other prosecutorial comments...

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