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PEOPLE v. BROWN

No. 1-89-1708.

578 N.E.2d 1168 (1991)

218 Ill. App.3d 890

161 Ill.Dec. 522

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Everett BROWN, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

As Modified on Denial of Rehearing November 20, 1991.

Attorney(s) appearing for the Case

Randolph N. Stone, Public Defender of Cook County, Chicago, for defendant-appellant.

Jack O'Malley, State's Atty., of Chicago, for plaintiff-appellee.

MODIFIED ON DENIAL OF REHEARING

Presiding Justice CERDA delivered the opinion of the court:

After a bench trial, defendant, Everett Brown, was convicted of two counts of second degree murder (Ill.Rev.Stat.1987, ch. 38, par. 9-2) and sentenced to 10 years' imprisonment. On appeal, defendant asserts that (1) the second degree murder statute is unconstitutional because it shifts the burden of proving an element...

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