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PEOPLE v. NOVY

No. 5-91-0201.

597 N.E.2d 273 (1992)

232 Ill. App.3d 631

173 Ill.Dec. 565

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kimberly NOVY, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

Rehearing Denied August 25, 1992.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Dan W. Evers, Asst. Defender, Office of the State Appellate Defender, Fifth Judicial District, Mt. Vernon, for defendant-appellant.

Robert Haida, State's Atty., Belleville, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Rebecca Sanders, Staff Atty., Office of State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.

Justice WELCH delivered the opinion of the court:

On December 1, 1989, 4½-year-old James Novy died as a result of acute swelling of the brain, leading to unconsciousness and cessation of respiration and heart function. At the time of his death, James was covered with bruises, his skull was fractured in two places and he had numerous internal injuries. All of the injuries were caused by some kind of forceful blunt trauma.

On January 12, 1990, defendant...

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