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PEOPLE v. TIMBERSON

No. 5-87-0855.

188 Ill. App.3d 172 (1989)

544 N.E.2d 64

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. SCOTT TIMBERSON, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed August 30, 1989.

Attorney(s) appearing for the Case

Daniel M. Kirwan and Janet L. Gandy, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

John Baricevic, State's Attorney, of Belleville (Kenneth R. Boyle, Stephen E. Norris, and Ellen Eder Irish, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Reversed and remanded.

JUSTICE CHAPMAN delivered the opinion of the court:

The defendant, Scott Timberson, was charged with first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9-1) in St. Clair County, Illinois. After a jury trial the defendant was found guilty of second degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9-2) and was sentenced to 12 years' imprisonment. On appeal the defendant claims: (1) that the trial court erred in refusing to instruct...

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