PEOPLE v. SMITH

No. 1-90-1500.

609 N.E.2d 857 (1993)

242 Ill. App.3d 344

182 Ill.Dec. 323

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Brian SMITH, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied March 9, 1993.


Attorney(s) appearing for the Case

Rita A. Fry, Public Defender, Cook County, Chicago (Hugh Stevens, of counsel), for defendant-appellant.

John M. O'Malley, State's Atty., Cook County, Chicago (Renee Goldfarb, Veronica X. Calderon, Laura E. Forester, of counsel), for plaintiff-appellee.


Justice O'CONNOR delivered the opinion of the court:

On April 6, 1988, defendant, Brian Smith, shot and killed Ronald Kucera, as defendant fled the scene of a home invasion and armed robbery in which he was one of four participants.

Kucera was the manager of an apartment building located at 5129 South Harper in Chicago. On the date of the incident, Tommy Gentry was in apartment 514 of the building, visiting with its occupants, Bruce Johnson and Larue Cooper...

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