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PEOPLE v. CARTER

No. 1-91-0188.

614 N.E.2d 167 (1993)

245 Ill. App.3d 7

185 Ill.Dec. 33

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Stephen CARTER, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

March 19, 1993.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, Anna Ahronheim, Asst. Appellate Defender, Office of State Appellate Defender, Chicago, for defendant-appellant.

Jack O'Malley, State's Atty. of Cook County, Richard J. Daley Center, Chicago (Renee Goldfarb, Christine Cook, Margaret J. Faustmann, Asst. State's Attys., of counsel), for plaintiff-appellee.

Presiding Justice McNAMARA delivered the opinion of the court:

Following a bench trial, defendant Stephen Carter was convicted of the first degree murder of Weldon Houston (Ill.Rev. Stat.1987, ch. 38, par. 9-1(a)), and was sentenced to a term of 30 years. On appeal, defendant contends that (1) he was denied a fair trial because the trial judge's rejection of his theories of justified use of force and second degree murder was based on two false premises; and (2) the...

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