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PEOPLE v. NYBERG

No. 58107.

24 Ill. App.3d 41 (1974)

320 N.E.2d 546

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. BARBARA SUE NYBERG, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

November 21, 1974.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Bernard L. Schwartz, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Patrick T. Driscoll, Jr., and Dennis J. O'Hara, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE McGLOON delivered the opinion of the court:

Defendant, Barbara Sue Nyberg, was indicted for two counts of murder in connection with the death of her 4 1/2-month-old son, Ronald Nyberg. (Ill. Rev. Stat. 1971, ch. 38, par. 9-1(a).) She waived her right to a jury trial, and received a bench trial in the circuit court of Cook County. After approximately 2 days of trial during which time the prosecution presented a major portion...

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