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PEOPLE v. FITZPATRICK

No. 74768.

633 N.E.2d 685 (1994)

158 Ill.2d 360

198 Ill.Dec. 844

The PEOPLE of the State of Illinois, Appellant, v. George P. FITZPATRICK, Appellee.

Supreme Court of Illinois.

Rehearing Denied April 4, 1994.

Attorney(s) appearing for the Case

Roland W. Burris, Atty. Gen., Springfield, and Henry Bergmann, State's Atty., Carlyle (Rosalyn B. Kaplan, Solicitor Gen., and Terence M. Madsen, Arleen C. Anderson, and Michael A. Hurst, Asst. Attys. Gen., Chicago, of counsel), for the People.

Clyde L. Kuehn, Kuehn & Trentman, Belleville, for George P. Fitzpatrick.

Justice BILANDIC delivered the opinion of the court:

The defendant, George P. Fitzpatrick, was charged by information in the circuit court of Clinton County with seven counts of aggravated criminal sexual assault against his four minor grandchildren in violation of section 12-14(b)(1) of the Criminal Code of 1961 (Ill.Rev.Stat.1989, ch. 38, par. 12-14(b)(1)). Section 12-14(b)(1) states: "The accused commits aggravated criminal sexual assault if: the accused was 17...

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