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(DOWNLOAD) "People v. Mccollough" by Supreme Court of Illinois # Book PDF Kindle ePub Free

People v. Mccollough

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eBook details

  • Title: People v. Mccollough
  • Author : Supreme Court of Illinois
  • Release Date : January 29, 1974
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 66 KB

Description

Rehearing denied June 28, 1974. One count of an indictment returned against the defendant, Horace H. McCollough, charged him with involuntary manslaughter; the other charged him with reckless homicide. Both counts recited in identical language that the defendant did recklessly with a willful and wanton disregard for the safety of * * * a five-year-old child, increase the speed of the motor vehicle he was driving * * * and failed to exercise due caution to avoid colliding with said child upon the roadway * * * and did * * * kill [the child] without lawful justification in violation of the Criminal Code of 1961, as amended, Section 9-3. A jury trial was waived and the circuit court found the defendant not guilty of involuntary manslaughter but guilty of reckless homicide, and sentenced him to probation for six months. The Appellate Court, Fourth District, reversed the judgment and held unconstitutional section 9-3(b) of the Criminal Code (Ill. Rev. Stat. 1971, ch. 38, par. 9-3(b)), which defines the offense of reckless homicide. (8 Ill. App.3d 963, 971.) We allowed the People's petition for appeal as a matter of right pursuant to Rule 317.50 Ill.2d R. 317.


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