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PEOPLE v. DAVIS

No. 5-99-0371.

782 N.E.2d 310 (2002)

335 Ill. App.3d 1102

270 Ill.Dec. 116

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Taiwan M. DAVIS, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

December 20, 2002.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, E. Joyce Randolph, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, for Appellant.

William Haine, State's Attorney, Edwardsville; Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Sharon Shanahan, Contract Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Appellee.

Justice CHAPMAN1 delivered the opinion of the court:

On October 1, 1998, Taiwan M. Davis (defendant) was charged by way of an amended indictment with two counts of murder: (1) first-degree murder (720 ILCS 5/9-1(a)(2) (West 1998)) and (2) felony murder (720 ILCS 5/9-1(a)(3) (West 1998)) predicated upon mob action (720 ILCS 5/25-1(a)(1) (West 1998)). During the jury-instruction conference, defense counsel tendered an involuntary manslaughter...

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