PEOPLE v. MONTGOMERY

No. 1-90-0924.

626 N.E.2d 1254 (1993)

254 Ill. App.3d 782

193 Ill.Dec. 703

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. James MONTGOMERY, Defendants Appellant.

Appellate Court of Illinois, First District, Third Division.

September 29, 1993.


Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Nan Ellen Foley, Asst. Appellate Defender, Office of State Appellate Defender, Chicago, for defendant-appellant.

John M. O'Malley, State's Atty., Cook County, Chicago (Renee Goldfarb, Theodore Burtzos, Sharon L. Heath, of counsel), for plaintiff-appellee.


Justice GREIMAN delivered the opinion of the court:

A jury found defendant James Montgomery guilty of the murder of Donald Patterson and he was sentenced to 35 years in prison. A previous jury trial had ended in a mistrial when the jury was unable to agree on a verdict.

On appeal, defendant argues: (1) the trial court erred in refusing to give an accomplice-witness instruction offered by defendant, where there was probable cause to arrest the State's main...

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