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PEOPLE v. HARLING

No. 60752.

29 Ill. App.3d 1053 (1975)

331 N.E.2d 653

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. HARRY HARLING, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

June 16, 1975.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Thomas J. Royce, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, Raymond J. Prosser, and Michael J. Goggin, Assistant State's Attorneys, of counsel), for the People.

Judgment reversed.

Mr. JUSTICE GOLDBERG delivered the opinion of the court:

Harry Harling (defendant) was indicted for murder (Ill. Rev. Stat. 1971, ch. 38, par. 9-1). After a bench trial, he was found guilty of voluntary manslaughter (Ill. Rev. Stat. 1971, ch. 38, par. 9-2(b)), and sentenced to 3 to 9 years. He appeals.

Defendant urges here that he was acting reasonably when he stabbed the deceased, or, in effect, that he used justifiable force such...

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