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  5. 646 N.E.2d 587 (1995)
 

PEOPLE v. JEFFRIES

Nos. 75161, 75647.

646 N.E.2d 587 (1995)

164 Ill.2d 104

207 Ill.Dec. 21

The PEOPLE of the State of Illinois, Appellee, v. Qualitian JEFFRIES, Appellant. The PEOPLE of the State of Illinois, Appellee, v. Derrick NEWBURN, Appellant.

Supreme Court of Illinois.

January 19, 1995.

Attorney(s) appearing for the Case

Rita A. Fry, Public Defender, Chicago (Robert T. Fox, Frank P. Madea and Jeffrey M. Howard, Asst. Public Defenders, of counsel), for appellant in no. 75161.

Roland W. Burris, Atty Gen., Springfield, and Jack O'Malley, State's Atty., Chicago (Arleen C. Anderson, Asst. Atty. Gen., Chicago, and Renee Goldfarb, Peter Fischer, Theodore Fotios Burtzos and Susan R. Schierl, Asst. State's Attys., of counsel), for the People.

William Jameson Kunz, Evanston, for amicus curiae Illinois Attorneys for Criminal Justice.

Rita A. Fry, Public Defender, Chicago (James S. Jacobs, Asst. Public Defender, of counsel), for appellant in no. 75647.

Chief Justice BILANDIC delivered the opinion of the court:

In these consolidated appeals, the defendants raise several challenges to the constitutionality of the Illinois homicide scheme for first and second degree murder. (Ill.Rev. Stat.1987, ch. 38, pars. 9-1, 9-2.) We examine the following topics: (1) whether the first and second degree murder scheme violates a defendant's right to due process under the Federal and Illinois Constitutions, and (2)

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