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PEOPLE v. CLARKE

No. 2-91-0953.

612 N.E.2d 1351 (1993)

245 Ill. App.3d 99

184 Ill.Dec. 191

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Michael T. CLARKE, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied June 1, 1993.

Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Thomas A. Lilien, Asst. Defender, Office of State Appellate Defender, Elgin, for Michael T. Clarke.

Paul A. Logli, Winnebago County State's Atty., Rockford, William L. Browers, Deputy Director, Gregory L. Slovacek, State's Attys. Appellate Prosecutor, Elgin, for People.

Justice McLAREN delivered the opinion of the court:

Defendant, Michael T. Clarke, was convicted of aggravated battery (Ill.Rev.Stat. 1989, ch. 38, par. 12-4(a)) for stabbing Larry McBain on May 5, 1990. For the following reasons, we reverse and remand.

Defendant was indicted for attempted murder (Ill.Rev.Stat.1989, ch. 38, pars. 8-4(a), 9-1) and aggravated battery (Ill.Rev. Stat.1989, ch. 38, par. 12-4(a)) for stabbing McBain on May 5, 1990. The cause proceeded...

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