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PEOPLE v. KLINE

Nos. 55679, 55680 cons.

92 Ill.2d 490 (1982)

442 N.E.2d 154

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant and Appellee, v. PHILIP KLINE, Appellee and Appellant.

Supreme Court of Illinois.

Rehearing denied November 24, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield, and Edward F. Petka, State's Attorney, of Joliet (Michael B. Weinstein and Jack Donatelli, Assistant Attorneys General, of Chicago, and John X. Breslin and Rita Kennedy Mertel, of the State's Attorneys Appellate Service Commission, of Ottawa, of counsel), for the People.

Shelvin Singer, of Chicago, for appellee.

Appellate court affirmed in part and reversed in part; circuit court affirmed.

JUSTICE MORAN delivered the opinion of the court:

Philip Kline, Arthur Garza and Glenn Schultz, Jr., were joined in an indictment for the offense of murder in violation of section 9-1(a)(1) of the Criminal Code of 1961 (Ill. Rev. Stat. 1971, ch. 38, par. 9-1(a)(1)). Each was tried separately. This appeal involves Philip Kline (defendant), who, following a bench trial in the circuit...

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