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PEOPLE v. BROWN

No. 1-90-1305.

584 N.E.2d 355 (1991)

222 Ill. App.3d 703

165 Ill.Dec. 176

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

Appellate Court of Illinois, First District, Sixth Division.

December 2, 1991.

Attorney(s) appearing for the Case

Anita Rivkin-Carothers, Chicago, for defendant-appellant.

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

Presiding Justice RAKOWSKI delivered the opinion of the court:

Following a bench trial, defendant was found guilty of murder, but defense counsel filed a motion for a new trial which was granted. Defendant was retried before a jury and again found guilty of murder. He was sentenced to 40 years in the Illinois Department of Corrections. The issues on appeal are: (1) whether defendant's retrial was barred by double jeopardy...

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