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PEOPLE v. KELLY

No. 73-97.

24 Ill. App.3d 1018 (1975)

322 N.E.2d 527

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WESLEY KELLY, Defendant-Appellant.

Appellate Court of Illinois — Second District (2nd Division).

January 24, 1975.

Attorney(s) appearing for the Case

Charles S. Wilson, III, and Charles F. Scott, both of Waukegan, for appellant.

Jack Hoogasian, State's Attorney, of Waukegan (Ivan H. Tepper, Assistant State's Attorney, and James W. Jerz, of Illinois State's Attorneys Association, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE DIXON delivered the opinion of the court:

The defendant, Wesley Kelly, was indicted for murder and voluntary manslaughter. After a jury verdict finding him guilty of involuntary manslaughter, he was sentenced by the Circuit Court of Lake County to 5 years' probation with the first year to be served on a work-release program.

He appeals, contending:

1. That since he was not indicted for involuntary manslaughter...

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