PEOPLE v. AUSTIN

No. 85-2583.

170 Ill. App.3d 1047 (1988)

524 N.E.2d 1063

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. PEGGY AUSTIN, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed May 18, 1988.


Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Debra A. Zisook, Assistant Public Defender, of counsel), for appellant.

Richard M. Daley, State's Attorney, of Chicago (Thomas V. Gainer, Jr., James E. Fitzgerald, and Colleen A. Hyland, Assistant State's Attorneys, of counsel), for the People.


Reversed and remanded.

JUSTICE RIZZI delivered the opinion of the court:

Defendant, Peggy Austin, was found guilty of murder and sentenced to 30 years in prison. Defendant contends that she is entitled to a new trial because the trial court improperly refused to instruct the jury on the lesser offense of voluntary manslaughter based on sudden and intense passion resulting from serious provocation. We agree and therefore reverse the conviction and remand this...

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