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  5. 634 N.E.2d 34 (1994)
 

PEOPLE v. PUGH

No. 5-93-0004.

634 N.E.2d 34 (1994)

261 Ill. App.3d 75

199 Ill.Dec. 434

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Ray PUGH, Charles Pugh, and James Pugh, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

May 9, 1994.

Attorney(s) appearing for the Case

Charles Grace, State's Atty., Murphysboro, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Kendra S. Mitchell, Staff Atty., Office of State's Attys. Appellate Prosecutor, Mt. Vernon, for appellant.

Daniel M. Kirwan, Deputy Defender, Larry R. Wells, Asst. Defender, Office of State Appellate Defender, Fifth Judicial Dist., Mt. Vernon, for James Pugh.

Paul Christenson, Bailey & Christenson, Murphysboro, for Ray Pugh and Charles Pugh, no brief filed.

Justice RARICK delivered the opinion of the court:

Defendants, Ray, Charles, and James Pugh, were charged with aggravated discharge of a firearm and felony murder in connection with the shooting death of Stanley Schauf. The victim was shot during a gun battle on August 23, 1992. Defendants fired shots at several people who in turn returned fire. One of those returning fire actually shot the victim. All three defendants filed motions to dismiss the felony murder counts...

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