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PEOPLE v. McCARTHY

No. 68576.

132 Ill.2d 331 (1989)

547 N.E.2d 459

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. DAVID McCARTHY, Appellee.

Supreme Court of Illinois.

Opinion filed November 22, 1989.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and Cecil A. Partee, State's Attorney, of Chicago (Terence M. Madsen, Assistant Attorney General, of Chicago, and Inge Fryklund and Mark A. Shlifka, Assistant State's Attorneys, of counsel), for the People.

Randolph N. Stone, Public Defender, of Chicago (James H. Reddy, Assistant Defender, of counsel), for appellee.

Judgment reversed; cause remanded.

JUSTICE MILLER delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, the defendant, David McCarthy, was convicted of murder and sentenced to a term of 34 years' imprisonment. The appellate court reversed the defendant's conviction and remanded the cause for a new trial, finding reversible error in the trial judge's refusal to instruct the jury on voluntary manslaughter in addition...

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