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PEOPLE v. LEAHY

No. 2-90-0843.

595 N.E.2d 198 (1992)

229 Ill. App.3d 1070

172 Ill.Dec. 135

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. William T. LEAHY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

June 11, 1992.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Patrick M. Carmody, Office of State Appellate Defender, Elgin, for William Timothy Leahy.

James E. Ryan, DuPage County State's Atty., Wheaton, William L. Browers, Deputy Director, State's Attys. Appellate Prosecutor, Mary Beth Burns, SAAP Elgin, Elgin, for the People.

Justice GEIGER delivered the opinion of the court:

Following a jury trial, the defendant, William T. Leahy, was convicted of second degree murder. (Ill.Rev.Stat.1989, ch. 38, par. 9-2.) He was sentenced to nine years' imprisonment. On appeal, he argues that the court reversibly erred in refusing his jury instruction. We affirm.

At his trial, the defendant testified that sometime before 10 p.m. on September 8, 1989...

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