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PEOPLE v. JEFFERSON

Nos. 1-90-3073, 1-92-0909.

628 N.E.2d 925 (1993)

257 Ill. App.3d 258

195 Ill.Dec. 461

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Darryl JEFFERSON, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

December 28, 1993.

Attorney(s) appearing for the Case

Rita A. Fry, Public Defender of Cook County, Chicago (Evelyn G. Baniewicz, of counsel), for defendant-appellant.

Jack O'Malley, State's Atty., Chicago (Renee Goldfarb, Eileen O'Neill, Mary Morris, of counsel), for plaintiff-appellee.

Justice DiVITO delivered the opinion of the court:

Following a jury trial, defendant Darryl Jefferson was convicted of first degree murder (Ill.Rev.Stat.1989, ch. 38, par. 9-1, now codified as 720 ILCS 5/9-1 (West 1992)), and sentenced to 30 years in the custody of the Department of Corrections. On appeal,1 defendant contends that (1) the circuit court erred when it failed to instruct the jury on second degree murder; (2) the court improperly...

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