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PEOPLE v. NEWBERN

No. 4-90-0568.

579 N.E.2d 583 (1991)

219 Ill. App.3d 333

161 Ill.Dec. 912

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Carlos NEWBERN, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

Rehearing Denied October 30, 1991.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, David P. Bergschneider, Asst. Defender, for defendant-appellant.

Lawrence R. Fichter, State's Atty., Decatur, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Elliott Turpin, Staff Atty., for plaintiff-appellee.

Justice STEIGMANN delivered the opinion of the court:

Around noon on June 4, 1989, Lawrence Rainer was stabbed to death. Defendant, Carlos Newbern, was charged with killing him and, following a jury trial, was convicted of first degree murder (Ill.Rev.Stat. 1989, ch. 38, par. 9-1) and sentenced to 40 years in prison. Defendant appeals, arguing that (1) the State failed to prove beyond a reasonable doubt that his use of force in stabbing Rainer was not justified; ...

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