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PEOPLE v. SPAGNOLA

Gen. Nos. 51,681, 51,682, 51,683, 51,684, 51,686, 51,687, 51,688, 51,689. (Consolidated.).

123 Ill. App.2d 171 (1970)

260 N.E.2d 20

People of the State of Illinois, Plaintiff-Appellee, v. Phillip Spagnola (Impleaded), and John Ligue (Impleaded), Defendants-Appellants.

Appellate Court of Illinois — First District, Second Division.

April 7, 1970.

Attorney(s) appearing for the Case

Robert J. Waaler, of Urbana, for appellants.

No brief for appellee.

MR. JUSTICE LYONS delivered the opinion of the court.

In a two-count indictment, the defendants, Phillip Spagnola and John Ligue, ages 18 and 21 respectively, and two other youths, William McAvoy and Kenneth Cunningham, were jointly charged with murder in violation of Ill Rev Stats (1963), c 38, § 9-1 (a) (1) or (a) (2). McAvoy's motion for a severance was granted and he received a separate trial. He did not testify in the instant case and this record is silent...

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