PEOPLE v. EHLERT

No. 95311.

811 N.E.2d 620 (2004)

211 Ill.2d 192

285 Ill.Dec. 133

The PEOPLE of the State of Illinois, Appellant, v. Elizabeth EHLERT, Appellee.

Supreme Court of Illinois.

May 20, 2004.


Attorney(s) appearing for the Case

James E. Ryan, Lisa Madigan, Attorneys General, Springfield, Richard A. Devine, State's Attorney, Chicago (William L. Browers, Linda D. Woloshin, Assistant Attorneys General, Chicago, Renee G. Goldfarb, Peter D. Fischer, Assistant State's Attorneys, of counsel), for the People.

Steven Richards, Deputy Defender, Allan R. Sincox, Office of the State Appellate Defender, Chicago, for appellee.


Justice FREEMAN delivered the opinion of the court:

Following a bench trial, the circuit court of Cook County convicted defendant, Elizabeth Ehlert, of the first degree murder of her newborn child (Ill.Rev.Stat.1989, ch. 38, par. 9-1(a)), and sentenced her to 30 years in prison. The appellate court reversed, finding the evidence insufficient to prove the child was born alive. 335 Ill.App.3d 467, 269 Ill...

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