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PEOPLE v. CHEVALIER

Nos. 66993, 67077 cons.

131 Ill.2d 66 (1989)

544 N.E.2d 942

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. MAURICE CHEVALIER, Appellee. — THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. ESTEBAN FLORES, Appellee.

Supreme Court of Illinois.

Opinion filed September 20, 1989.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and James E. Ryan, State's Attorney, of Wheaton (Kenneth R. Boyle, Robert J. Biderman and Linda Susan Cullom, of the State's Attorneys Appellate Prosecutor, of Springfield, of counsel), for the People.

Daniel D. Yuhas, Deputy Defender, and Judith L. Libby, Assistant Defender, of the Office of the State Appellate Defender, of Springfield, for appellee.

Neil F. Hartigan, Attorney General, of Springfield, and Robert F. Casey and Gary V. Johnson, State's Attorneys, of Geneva (Kenneth R. Boyle, William L. Browers and Martin P. Moltz, of the State's Attorneys Appellate Prosecutor, of Elgin, of counsel), for the People.

G. Joseph Weller, Deputy Defender, and Steven E. Wiltgen, Assistant Defender, of the Office of the State Appellate Defender, of Elgin, for appellee.

Appellate court reversed; circuit courts affirmed.

JUSTICE STAMOS delivered the opinion of the court:

In each of these consolidated cases, the defendant shot and killed his wife and was convicted of murder. Defendants do not dispute that they committed the killings or that the killings were not legally justified. They contend that the evidence was sufficient to warrant giving the jury an instruction on the offense of voluntary manslaughter (Ill. Rev. Stat...

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