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PEOPLE v. MITCHELL

No. 4-92-0417.

610 N.E.2d 794 (1993)

241 Ill. App.3d 1094

182 Ill.Dec. 925

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Joseph M. MITCHELL, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

March 25, 1993.

Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of the State Appellate Defender, Lawrence Bapst, Asst. Defender, Springfield, for defendant-appellant.

Thomas J. Brown, State's Atty., Pontiac, Norbert J. Goetten, Director, State's Attys. Appellate Prosecutor, Robert J. Biderman, Deputy Director, Springfield, for plaintiff-appellee.

Justice LUND delivered the opinion of the court:

Following a jury trial, defendant was convicted of the offense of aggravated battery (Ill.Rev.Stat.1991, ch. 38, par. 12-4(a)) and attempt (murder) (Ill.Rev.Stat.1991, ch. 38, pars. 8-4(a), 9-1(a)(1)). He was sentenced to a term of 10 years' imprisonment and ordered to pay restitution in the amount of $14,315.13. Defendant appeals, claiming (1) he is entitled to a new trial because the trial court erroneously instructed...

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