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PEOPLE v. GILLESPIE

No. 1-93-3064.

659 N.E.2d 12 (1995)

276 Ill.App.3d 495

213 Ill.Dec. 382

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Clinton GILLESPIE, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

November 20, 1995.

Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender; Linda Eigner, Asst. Appellate Defender, Office of the State Appellate Defender, for appellant.

Jack O'Malley, State's Attorney, County of Cook; Renee Goldfarb, William D. Carroll, William L. Toffenetti, Asst. State's Attorneys, of counsel, for appellee.

Justice WOLFSON delivered the opinion of the court:

The indictment against Clinton Gillespie contained three counts. The first two charged the defendant with intentional homicide of an unborn child. The third charged him with aggravated battery. In a bench trial, he was convicted of all three charges. He was sentenced to 30 years' imprisonment on the first count. The other counts merged with count I.

We find the State failed to prove an essential element of...

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