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PEOPLE v. COOK

No. 5-89-0598.

576 N.E.2d 1242 (1991)

217 Ill. App.3d 299

160 Ill.Dec. 288

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Thomas COOK, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

August 8, 1991.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Rita K. Peterson, Asst. Defender, Office of State Appellate Defender, Mt. Vernon, Eric Kirkpatrick, Sr. Law Student, Southern Illinois University, School of Law, Carbondale, for defendant-appellant.

Scott Mansfield, State's Atty., Belleville, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Diane L. Campbell, Staff Atty., Office of State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.

Justice LEWIS delivered the opinion of the court:

A jury found the defendant, Thomas Cook, guilty of first-degree murder (Ill. Rev.Stat.1987, ch. 38, par. 9-1(a)), rejecting his assertion of the presence of the mitigating factors of both serious provocation and unreasonable belief of justification. The trial court sentenced him to a term of 25 years in the Department of Corrections. The defendant appeals raising five issues for our review: (1) whether the statutory...

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