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PEOPLE v. MOCABY

No. 5-88-0399.

194 Ill. App.3d 441 (1990)

551 N.E.2d 673

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TERELIUS MOCABY, JR., Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed February 9, 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.

Charles Garnati, State's Attorney, of Marion (Kenneth R. Boyle, Stephen E. Norris, and Debra A. Buchman, all of State's Attorneys Appellate Prosecutor's Office, of counsel), for the People.

Reversed and remanded.

JUSTICE WELCH delivered the opinion of the court:

Defendant, Terelius Mocaby, Jr., appeals his convictions and sentence for murder following a jury trial in the circuit court of Williamson County, held February 23 through 26 and February 29, 1988. He raises five issues on appeal: (1) whether the State proved beyond a reasonable doubt that defendant was not so intoxicated that he was incapable of forming the necessary intent for murder...

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