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PEOPLE v. BURKS

No. 3-88-0591.

189 Ill. App.3d 782 (1989)

545 N.E.2d 782

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. EDDIE LEE BURKS, Defendant-Appellee.

Appellate Court of Illinois — Third District.

Opinion filed October 5, 1989.

Attorney(s) appearing for the Case

Edward F. Masters, State's Attorney, of Joliet (Terry A. Mertel, of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Joseph N. Ehmann, of State Appellate Defender's Office, of Ottawa, for appellee.

Reversed and remanded.

JUSTICE STOUDER delivered the opinion of the court:

The defendant, Eddie Burks, was initially charged by complaint with first degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9-1), but was subsequently indicted for second degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9-2). The indictment alleged that the defendant had committed first degree murder by shooting the victim, but that at the time of the killing he had unreasonably believed...

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