PEOPLE v. STOMBAUGH

No. 44591.

52 Ill.2d 130 (1972)

284 N.E.2d 640

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. DARYL STOMBAUGH, Appellant.

Supreme Court of Illinois.

Opinion filed May 22, 1972.


Attorney(s) appearing for the Case

FREDERICK F. COHN, of Chicago, for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and PHILIP G. REINHARD, State's Attorney, of Rockford (JAMES B. ZAGEL, Assistant Attorney General, and DANIEL D. DOYLE, Assistant State's Attorney, of counsel), for the People.


Reversed and remanded.

MR. JUSTICE DAVIS delivered the opinion of the court:

This case requires a determination of: the propriety of the trial court's refusal to give instructions based upon the defense of a dwelling and to permit the defendant, who asserted the defense of self-defense, to testify as to his state of mind; the sufficiency of the evidence to convict the defendant of the offense of murder beyond all reasonable doubt; and whether the defendant...

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