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PEOPLE v. HOWERTON

No. 3-02-0059.

782 N.E.2d 942 (2003)

335 Ill. App.3d 1023

270 Ill.Dec. 383

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Stephen A. HOWERTON, Defendant-Appellee.

Appellate Court of Illinois, Third District.

January 3, 2003.

Attorney(s) appearing for the Case

John X. Breslin, Deputy Director, Ottawa, David Vancil, State's Attorney, Oquawka, Robert M. Hansen, State's Attorneys Appellate Prosecutor, Ottawa, for the People.

Albert V. Ancelet, Capps, Ancelet & Stoverink, Carthage, for Stephen A. Howerton.

Presiding Justice McDADE delivered the opinion of the court:

Defendant Stephen A. Howerton was charged in a 10-count indictment with the first degree murder of Dwight Vice (720 ILCS 5/9-1(a)(1), (a)(2) (West 2000)) and the attempted murder of Darrell Vice (720 ILCS 5/8-4(a), 9-1(a)(1) (West 2000)). Defendant filed a motion to suppress statements. The circuit court granted the motion, and the State appeals. We affirm.

At the suppression hearing, Galesburg police...

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