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PEOPLE v. OWENS

Gen. No. 49,940.

73 Ill. App.2d 108 (1966)

219 N.E.2d 733

People of the State of Illinois, Plaintiff-Appellee, v. Phil Owens, Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

July 11, 1966.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (Frederick F. Cohn, Mort Zwick and James J. Doherty, Assistant Public Defenders, of counsel), for appellant.

Daniel P. Ward, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Carmen V. Speranza, Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE MURPHY delivered the opinion of the court.

After a jury trial, defendant was found guilty of voluntary manslaughter. He was sentenced to the penitentiary for a period of from 5 to 10 years. On appeal, defendant contends that the State failed to prove beyond all reasonable doubt that defendant's fear that he would suffer great bodily harm at the hands of his aggressor was unreasonable. The Criminal Code provision in point is "Article 7 — Justifiable...

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