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eBook details

• Title: People v. Gates
• Author : Supreme Court of Illinois
• Release Date : January 26, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Following a jury trial in the circuit court of Cook County, defendant, Clarence Barney, was found guilty of murder (Ill. Rev. Stat. 1979, ch. 38, par. 9-1) and armed violence (Ill. Rev. Stat. 1979, ch. 38, pars. 33A-1 through 33A-3). Defendant was sentenced to a 30-year term of imprisonment for murder. No sentence was imposed for the armed violence conviction. Defendant appeals his conviction, arguing that (1) he was deprived of his right to have the jury determine whether he was guilty or innocent of voluntary manslaughter when the trial judge told the jury, in response to its inquiry during deliberations, that it need not reach a verdict on voluntary manslaughter if it found defendant guilty of murder; (2) the State improperly shifted the burden of proof to him by commenting in closing argument on his failure to produce occurrence witnesses; and (3) the trial judge improperly considered a factor in aggravation and refused to consider another factor in mitigation at sentencing.

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