[DOWNLOAD] "People v. Gathings" by Illinois Appellate Court — First District (2Nd Division) Reversed and Remanded # Book PDF Kindle ePub Free

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eBook details

• Title: People v. Gathings
• Author : Illinois Appellate Court — First District (2Nd Division) Reversed and Remanded
• Release Date : January 01, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Anthony Gathings and David Bracey were charged by indictment with attempted murder, attempted armed robbery and aggravated battery. A jury found them guilty of all three charges. The trial court entered judgment against them only on the charges of attempted murder and attempted armed robbery. Defendants appeal from that judgment, raising as issues whether the trial court in effect directed the jury to find defendants guilty of some offense, and whether the trial court erred in refusing to clarify instructions upon the jury's request. For the following reasons, we reverse and remand for a new trial. The charges against defendants arose from a shooting which occurred on August 17, 1975. The defense proceeded on a theory of accident or, at most, reckless conduct. Five occurrence witnesses testified that defendants accosted the victim, Michael McCollough, on a stairwell in the Robert Taylor Homes in Chicago and tried, unsuccessfully, to take his money. Gathings then pulled a gun and shot him in the face. Defendants testified that Gathings shot McCollough accidentally while playing with a gun in the stairwell. All the witnesses lived in the same building and knew each other.

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