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PEOPLE v. SMITH

No. 3-90-0819.

580 N.E.2d 891 (1991)

220 Ill. App.3d 39

162 Ill.Dec. 708

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James L. SMITH, Defendant-Appellant.

Appellate Court of Illinois, Third District.

October 10, 1991.

Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender, Office of the State Appellate Defender, Ottawa, Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, Kenneth A. Leshen, Kankakee, for James L. Smith.

Gary F. Gnidovec, States' Attys. Appellate Prosecutor, Ottawa, William Herzog, State's Atty., Kankakee, John X. Breslin, Deputy Director, State's Attys. Appellate Prosecutor, Ottawa, for the People.

Justice McCUSKEY delivered the opinion of the court:

A jury convicted the defendant, James L. Smith, of the first degree murder of Thomas Ellis (Ill.Rev.Stat.1989, ch. 38, par. 9-1). The trial court subsequently sentenced him to 23 years' imprisonment. The defendant appeals. We affirm.

The record shows Hosea Whitelow testified he was Thomas Ellis's stepson. On December 25, 1988, Whitelow was living in Chicago with Ellis, his mother, and his sister. That day...

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