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PEOPLE v. SMITH

No. 71461.

599 N.E.2d 888 (1992)

149 Ill.2d 558

174 Ill.Dec. 804

The PEOPLE of the State of Illinois, Appellant, v. George SMITH, Appellee.

Supreme Court of Illinois.

Rehearing Denied October 5, 1992.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Springfield, and Chicago, Jack O'Malley, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, Renee G. Goldfarb, and Noreen M. Daly, Asst. State's Attys., of counsel), for the People.

Ambrose & Cushing, P.C., Chicago (John C. Ambrose, and Marilyn Martin, of counsel), Chicago, for appellee.

Chief Justice MILLER delivered the opinion of the court:

Following a jury trial in the circuit court of Cook County, the defendant was found guilty of involuntary manslaughter (Ill. Rev.Stat.1987, ch. 38, par. 9-3(a)) in the shooting death of his wife, Carolyn Smith. The appellate court, with one justice dissenting, reversed the conviction (208 Ill.App.3d 538, 153 Ill.Dec. 531,

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