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PEOPLE v. CORD

No. 2-92-1378.

630 N.E.2d 173 (1994)

258 Ill. App.3d 188

196 Ill.Dec. 476

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John J. CORD, Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 2, 1994.

Attorney(s) appearing for the Case

Daniel R. Zeit, Ori Fox & Lunardi & Zeit, Waukegan, for John Cord.

Michael J. Waller, Lake County State's Atty., Waukegan, William L. Browers, Deputy Director, Cynthia N. Schneider, State's Atty. Appellate Prosecutor, Elgin, for the People.

Justice DOYLE delivered the opinion of the court:

On appeal, defendant, John J. Cord, contends that it was error for the trial court to deny his request for a jury instruction on the affirmative defense of necessity.

After a jury trial on September 30, 1992, defendant was found guilty of driving under the influence of alcohol (DUI) (Ill.Rev.Stat. 1991, ch. 95½ par. 11-501(a)(2) (now 625 ILCS 5/11-501(a)(2) (West 1992))). Defendant had been arrested and...

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