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PEOPLE v. KRUGER

No. 1-89-3113.

603 N.E.2d 743 (1992)

236 Ill. App.3d 65

177 Ill.Dec. 673

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David KRUGER, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

September 30, 1992.

Attorney(s) appearing for the Case

Jack O'Malley, State's Attorney of Cook County, Chicago (Renee Goldfarb, Brian Clauss, Kathy Dietz, of counsel), for plaintiff appellee.

Office of the State Appellate Defender, Chicago (Michael J. Pelletier, Deputy Defender, Anna Ahronheim, Asst. Appellate Defender), for defendant-appellant.

Presiding Justice GREIMAN delivered the opinion of the court:

In a bench trial, defendant David Kruger was found guilty of the murder of Fernando Delgado and unlawful use of a firearm by a felon and was sentenced to 25 years in prison.

On appeal, defendant alleges (1) the trial court erred in not considering a second pistol shot to be in defense of others; (2) the conviction should have been for voluntary manslaughter rather than murder since defendant (a...

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