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PEOPLE v. REYNOLDS

No. 73-84.

26 Ill. App.3d 722 (1975)

325 N.E.2d 408

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. TERRY REYNOLDS, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Rehearing denied April 21, 1975.

Attorney(s) appearing for the Case

Barton & Barton, of Marseilles (John L. Barton, of counsel), for appellant.

James O. Christy, Assistant State's Attorney, of Peoria, for the People.

Judgment reversed.

Mr. JUSTICE SCOTT delivered the opinion of the court:

Terry R. Reynolds, the defendant, after trial by jury in the Circuit Court of Peoria County, was found guilty of the crime of aggravated battery and was sentenced to the penitentiary for a term of not less than 3 nor more than 10 years.

The prosecution of the defendant resulted from a melee which occurred at approximately 4 o'clock A.M. on November 11, 1972, in an

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