PEOPLE v. SMITH

No. 5-87-0752.

195 Ill. App.3d 878 (1990)

552 N.E.2d 1061

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOHN T. SMITH, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed March 7, 1990.


Attorney(s) appearing for the Case

Daniel M. Kirwan and Rita K. Peterson, 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 Debra A. Buchman, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.


Affirmed in part, and vacated in part and remanded.

JUSTICE CHAPMAN delivered the opinion of the court:

The defendant, John T. Smith, was charged with murder in the death of Steve Smith (no relation). After a jury trial, the defendant was found guilty of voluntary manslaughter and was sentenced to six years' imprisonment. On appeal, the defendant contends that: (1) he was denied a fair trial because the jury was improperly instructed; (2) his defense counsel...

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