PEOPLE v. THOMAS

No. 1-88-2819.

576 N.E.2d 1020 (1991)

216 Ill. App.3d 469

160 Ill.Dec. 66

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Curtis THOMAS, Defendant-Appellant.

Appellate Court of Illinois, First District, Fourth Division.

June 28, 1991.


Attorney(s) appearing for the Case

Randolph N. Stone, Public Defender, Chicago (James H. Reddy, Asst. Public Defender, of counsel), for defendant-appellant.

Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, Kevin Sweeney, Michael Latz, Asst. State's Attys., of counsel), for plaintiff-appellee.


Justice LINN delivered the opinion of the court:

Defendant, Curtis Thomas, was convicted of second degree murder (Ill.Rev.Stat.1987, ch. 38, par. 9-2(a)(1)) following a bench trial in the circuit court of Cook County. The trial judge sentenced defendant to the penitentiary for a term of 4 years.

On appeal, defendant attacks the constitutionality of the second degree murder statute, found in section 9-2 of the Criminal Code of 1961 (Ill.Rev.Stat.1987, ch. 38...

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