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PEOPLE v. THOMAS

No. 1-92-3757.

640 N.E.2d 1267 (1994)

266 Ill. App.3d 870

203 Ill.Dec. 894

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Demetrius THOMAS, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

September 20, 1994.

Attorney(s) appearing for the Case

Rita A. Fry, Public Defender of Cook County, Chicago (James S. Jacobs, of counsel), for appellant.

Jack O'Malley, State's Atty. of Cook County, Chicago (Renee Goldfarb, James E. Fitzgerald, Asst. State's Attys., of counsel), for appellee.

Justice SCARIANO delivered the opinion of the court.

Defendant, Demetrius Thomas, shot and killed Richard Hillsberg while the two were in the midst of a struggle in an alley behind a tavern. At his bench trial, he maintained that he acted in self-defense. The court found that his fear for his safety, although genuine, was unreasonable; it therefore found him guilty of second-degree murder. Due to two earlier felony convictions, defendant was sentenced for this Class...

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