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PEOPLE v. MITCHELL

No. 1-88-3396.

583 N.E.2d 78 (1991)

221 Ill. App.3d 926

164 Ill.Dec. 524

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Eric MITCHELL, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

November 13, 1991.

Attorney(s) appearing for the Case

Randolph N. Stone, Public Defender, Chicago (Tina Liebling, of counsel), for defendant-appellant.

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

Presiding Justice CERDA delivered the opinion of the court:

After a bench trial, defendant, Eric Mitchell, was convicted of second degree murder (Ill.Rev.Stat.1987, ch. 38, par. 9-2) and was sentenced to a term of four years' imprisonment. He argues on appeal that the Illinois second degree murder statute violates the Illinois and United States constitutions because it (1) relieves the prosecution of its burden of proving beyond a reasonable doubt every element of...

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