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PEOPLE v. COLLINS

No. 1-89-1669.

572 N.E.2d 1005 (1991)

213 Ill. App.3d 818

157 Ill.Dec. 541

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Charles COLLINS, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

April 25, 1991.

Attorney(s) appearing for the Case

Randolph N. Stone, Public Defender of Cook County, Chicago (John T. Kennedy, Asst. Public Defender, of counsel), for defendant-appellant.

Cecil A. Partee, State's Atty., Chicago (Renee Goldfarb, Michael Latz, and Daniel Rabinovitz, Asst. State's Attys., of counsel), for plaintiff-appellee.

Justice LINN delivered the opinion of the court:

Defendant, Charles Collins, was convicted of first degree murder and sentenced to 26 years of imprisonment. He appeals from his conviction on two grounds: (1) evidence of the drunken struggle between him and his roommate supports only a finding of second degree murder; and (2) the Illinois homicide statute, which sets out first and second degrees of murder, violates Federal and State constitutional provisions that guarantee...

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