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PEOPLE v. SMITH

No. 58541.

16 Ill. App.3d 553 (1973)

306 N.E.2d 606

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. THOMAS SMITH, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

December 14, 1973.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (John T. Moran, Jr., Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Kenneth L. Gillis and Thomas A. Mauet, Assistant State's Attorneys, of counsel), for the People.

Judgment reversed.

Mr. PRESIDING JUSTICE DRUCKER delivered the opinion of the court:

Defendant was indicted for the murder of his wife, Bernadine Smith. After a bench trial, he was found guilty of voluntary manslaughter (Ill. Rev. Stat. 1969, ch. 38, par. 9-2)* and sentenced to three to 12 years.

On appeal defendant contends that he was not found guilty of voluntary manslaughter...

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