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PEOPLE v. BABBINGTON

No. 1-94-2902.

676 N.E.2d 1326 (1997)

286 Ill. App.3d 724

222 Ill.Dec. 122

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Christopher BABBINGTON, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied March 13, 1997.

Attorney(s) appearing for the Case

Rita A. Fry, Public Defender of Cook County (Emily Eisner, of counsel), for Defendantr-Appellant.

Richard Devine, State's Attorney of Cook County (Renee Goldfarb, William D. Carroll and Owen D. Kalt, of counsel), for Plaintiff-Appellee.

Justice McNULTY delivered the opinion of the court:

After a jury trial, defendant Christopher Babbington was found guilty of second degree murder and aggravated battery with a firearm and sentenced to two 14-year terms, to run concurrently. Defendant appeals, contending that: (1) the evidence was insufficient to rebut his claim of self-defense; (2) he was improperly convicted by a panel of 13 jurors when an alternate juror participated in deliberations; (3) the trial...

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