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PEOPLE v. DAVIS

No. 1-88-2660.

583 N.E.2d 64 (1991)

221 Ill. App.3d 1023

164 Ill.Dec. 510

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Lester DAVIS, Defendant-Appellant.

Appellate Court of Illinois, First District, Fifth Division.

November 8, 1991.

Attorney(s) appearing for the Case

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

Jack O'Malley, State's Atty. of Cook County, Chicago (Renee Goldfarb, Kevin Sweeney, Ashley Ann Romito, Asst. State's Attys., of counsel), for plaintiff-appellee.

Presiding Justice LORENZ delivered the opinion of the court:

Defendant was convicted, after a bench trial, of first degree murder and armed violence. (Ill.Rev.Stat.1987, ch. 38, pars. 9-1(a), 33A-2.) He appeals contending that the second degree murder statute violates the principles of due process, equal protection, and separation of powers in the Federal and State constitutions. For the following reasons, we affirm.

Defendant was charged with first degree...

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