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PEOPLE v. BATAC

No. 2-92-0577.

631 N.E.2d 373 (1994)

259 Ill. App.3d 415

197 Ill.Dec. 370

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. David J. BATAC, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied April 26, 1994.

Attorney(s) appearing for the Case

Patrick G. Reardon (argued), Carl P. Clavelli, Mark W. Solock, Chicago, for David J. Batac.

James E. Ryan, DuPage County State's Atty., Wheaton, William L. Browers, Deputy Director, Mary Beth Burns, State's Attys. Appellate Prosecutor, Elgin, for the People.

Justice McLAREN delivered the opinion of the court:

The defendant, David Batac, was charged by indictment with first-degree murder (Ill. Rev.Stat.1989, ch. 38, pars. 9-1(a)(1), (a)(2) (now codified, as amended, at 720 ILCS 5/9-1(a)(1), (a)(2) (West 1992))), and conspiracy to commit first-degree murder (Ill.Rev.Stat. 1989, ch. 38, par. 8-2 (now codified, as amended, at 720 ILCS 5/8-2 (West 1992))) in the death of Anthony Fioti, Sr., who was fatally shot by a crossbow...

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