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PEOPLE v. SMITH

No. 76-191.

45 Ill. App.3d 66 (1977)

359 N.E.2d 228

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

Appellate Court of Illinois — Third District.

Rehearing denied February 2, 1977.

Attorney(s) appearing for the Case

Robert Agostinelli, Fran Gist, and Mary Robinson, all of State Appellate Defender's Office, of Ottawa, for appellant.

Michael M. Mihm, State's Attorney, of Peoria (James E. Hinterlong and Robert Hansen, both of Illinois State's Attorneys Association, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE SCOTT delivered the opinion of the court:

The defendant, Henry L. Smith, was indicted for the offense of unlawful use of weapons. He was convicted after a jury trial and sentenced to imprisonment for not less than three nor more than nine years. On appeal he contends that he was denied a fair trial because the evidence was insufficient to demonstrate that the weapon was immediately accessible to him and because the issues instruction...

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