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PEOPLE v. BANEY

No. 2-90-1121.

595 N.E.2d 188 (1992)

229 Ill. App.3d 770

172 Ill.Dec. 125

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Edward BANEY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 10, 1992.

Attorney(s) appearing for the Case

James D. Sparkman, Vella, Sparkman & Altamore, P.C., Rockford, G. Joseph Weller, Deputy Defender, Office of State Appellate Defender, Paul J. Glaser, Office of State Appellate Defender, for Edward Baney.

Paul A. Logli, Winnebago County State's Atty., Rockford, William L. Browers, Deputy Director, Lawrence M. Bauer, State's Atty. Appellate Prosecutor, for People.

Justice McLAREN delivered the opinion of the court:

Edward Baney, defendant, was found guilty of the offense of first degree murder (Ill.Rev.Stat.1989, ch. 38, par. 9-1) by a general verdict entered by a jury. He was sentenced to a term of 25 years' imprisonment. The sole issue on appeal is whether the jury should have been given an instruction on the offense of reckless conduct. For the following reasons, we affirm.

In the early afternoon of January 27, 1990...

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