Honorable Ronald D. Spears, Judge, presiding. The conspiracy count charged defendant and Anthony with agreeing to murder Doug Lykins and with performing an act in furtherance of that agreement. According to the parties at oral argument, the State entered a nolle prosequi as to the charges against Anthony. The jury acquitted defendant of the first-degree murder charges. The circuit court of Christian County entered judgment on the verdict and sentenced defendant to 14 years in the Illinois Department of Corrections.
Defendant now appeals.
As we believe the trial court committed reversible error in admitting portions of Lovie Morgason's tape-recorded statement as substantive evidence, we reverse the judgment of the trial court and remand this case for a new trial. Consequently, much of the evidence introduced during the seven-day trial had little bearing on the conspiracy charge. However, as defendant was acquitted of the murder charges, we shall not concern ourselves with that evidence but focus primarily on the evidence that pertains to the conspiracy. Shelton testified that he had known defendant for many years. Also present at Shelton's home that evening were Jo Jo Tremain, a friend of Shelton's, and Doug Lykins, the victim.