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PEOPLE v. EVERETTE

No. 69351.

565 N.E.2d 1295 (1990)

141 Ill.2d 147

152 Ill.Dec. 377

The PEOPLE of the State of Illinois, Appellant, v. Donald EVERETTE, Appellee.

Supreme Court of Illinois.

As Modified on Denial of Rehearing February 4, 1991.

Attorney(s) appearing for the Case

Neil F. Hartigan, Atty. Gen., Springfield, and Cecil A. Partee, State's Atty., Chicago (Terence M. Madsen, Asst. Atty. Gen., Chicago, and Inge Fryklund, David R. Butzen, Joseph Brent and Renee Goldfarb, Asst. State's Attys., of counsel), for the People.

Michael J. Pelletier, Deputy Defender, and Martin Carlson, Asst. Appellate Defender, of the Office of the State Appellate Defender, Chicago (John S. Delnero, of Fagel, Haber & Maragos, and Joel J. Africk and Glenn E. Heilizer, of Jenner & Block, of counsel), for appellee.

Justice CLARK delivered the opinion of the court:

The issue before this court is whether a homicide defendant is entitled to an instruction on self-defense when he testifies that he accidentally killed the victim. In People v. Lockett (1980), 82 Ill.2d 546, 551, 45 Ill.Dec. 900, 413 N.E.2d 378, this court stated that "[a] self-defense instruction is given in a homicide case when there...

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