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PEOPLE v. PORTER

No. 74599.

620 N.E.2d 381 (1993)

156 Ill.2d 218

189 Ill.Dec. 413

The PEOPLE of the State of Illinois, Appellant, v. Derrick PORTER, Appellee.

Supreme Court of Illinois.

Rehearing Denied October 4, 1993.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Springfield, and Jack O'Malley, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Renee Goldfarb, Theodore F. Burtzos and Michael I. Lavin, Asst. State's Attys., of counsel), for the People.

Justice HEIPLE delivered the opinion of the court:

The People of the State of Illinois appeal from the circuit court of Cook County's dismissal (and the appellate court's affirmance) of a murder charge against defendant Derrick Porter based on the double jeopardy clauses of the State and Federal Constitutions and section 3-4(c) of the Illinois Criminal Code of 1961. For the reasons that follow, we reverse and remand this cause for a trial on the merits.

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