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PEOPLE v. KOGER

No. 3-96-0334.

679 N.E.2d 105 (1997)

287 Ill. App.3d 764

223 Ill.Dec. 161

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Fred KOGER, Defendant-Appellant.

Appellate Court of Illinois, Third District.

April 16, 1997.

Attorney(s) appearing for the Case

Robert Agostinelli, Deputy Defender, Office of the State Appellate Defender, Ottawa, court appointed, Ronald Boyer, Boyer & Thompson (argued), Watseka, for Defendant-Appellant.

John X. Breslin, Deputy Director, State's Attorneys Appellate Prosecutor, Ottawa, Michael Kick, State's Attorney, Kankakee, Domenica Osterberger, State's Attorneys Appellate Prosecutor (argued), Ottawa, for Plaintiff-Appellee.

Justice LYTTON delivered the opinion of the court:

The defendant, Fred Koger, Grant Smith and Nicholas Tang, who was known to defendant as Melik, committed an armed robbery of two men. Melik killed the victims while defendant stood nearby with a shotgun. Defendant was subsequently arrested and charged with six counts of first degree murder and one count of armed robbery. A jury convicted defendant of the armed robbery and first degree murder of both victims, and he...

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