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PEOPLE v. SMITH

No. 1-88-0869.

609 N.E.2d 750 (1992)

242 Ill. App.3d 668

182 Ill.Dec. 216

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. George SMITH, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied March 10, 1993.

Attorney(s) appearing for the Case

Ambrose & Cushing, P.C., Chicago (John C. Ambrose, of counsel), for defendant-appellant.

Cecil A. Partee, State's Atty., County of Cook (Renee Goldfarb, James E. Fitzgerald, Asst. State's Attys., Noreen M. Daly, Sp. Asst. State's Atty., of counsel), for plaintiff-appellee.

Justice CAMPBELL delivered the opinion of the court.

Following a jury trial, defendant, George Smith, was convicted of involuntary manslaughter (Ill.Rev.Stat.1989, ch. 38, par. 9-3) in the shooting of his wife, Carolyn Smith, and sentenced to one year of periodic imprisonment and thirty months' probation with one year of supervision. On appeal, we reversed the conviction on the basis that the State did not prove defendant guilty of involuntary manslaughter beyond...

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