No. 70-234.

132 Ill. App.2d 257 (1971)

267 N.E.2d 715

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DAVID BINION, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Modified on denial of rehearing March 31, 1971.

Attorney(s) appearing for the Case

Morton Zwick, of Defender Project, of Chicago, (E. Roger Horsky, of Elgin, of counsel,) for appellant.

William Ketcham, State's Attorney, of Geneva, (W. Ben Morgan, Assistant State's Attorney, of Elgin, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE ABRAHAMSON delivered the opinion of the court:

The defendant, David Binion, was indicted for murder in the death of Vivian Wade that occurred on September 2, 1969. Binion waived trial by jury and after trial was convicted of voluntary manslaughter by the court and sentenced to the penitentiary for a term of three to twelve years. On appeal Binion contends that there was not sufficient evidence to show that he committed the offense...


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