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PEOPLE v. CARTEE

Nos. 81-391, 81-394 cons.

104 Ill. App.3d 754 (1982)

433 N.E.2d 326

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff and Respondent-Appellee, v. ELMER CARTEE et al., Defendants and Petitioners-Appellants.

Appellate Court of Illinois — Second District.

Opinion filed March 10, 1982.

Attorney(s) appearing for the Case

Lonny Ben Ogus, of Chicago, for appellants.

Fred L. Foreman, State's Attorney, of Waukegan (Phyllis J. Perko and Martin P. Moltz, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

JUSTICE HOPF delivered the opinion of the court:

This is an appeal from the dismissal of petitioners' request for post-conviction relief. Petitioners Elmer Cartee and Patrick Russell urge that the Lake County circuit court failed to instruct the jury as required by the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1979, ch. 38, par. 115-4(i)). The State contends this issue is waived for purposes of appeal.

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