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PEOPLE v. CUNNINGHAM

Gen. No. 51,723.

123 Ill. App.2d 190 (1970)

260 N.E.2d 10

People of the State of Illinois, Plaintiff-Appellee, v. Kenneth Cunningham (Impleaded), Defendant-Appellant.

Appellate Court of Illinois — First District, Second Division.

April 7, 1970.

Attorney(s) appearing for the Case

James L. Coghlan, Coghlan and Joyce, of Chicago, for appellant.

Edward V. Hanrahan, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Francis X. Riley, Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE LYONS delivered the opinion of the court.

In a two-count indictment, the defendant, Kenneth Cunningham, age eighteen, and three other youths, William McAvoy, Phillip Spagnola and John Ligue 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 as to the ultimate...

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