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PEOPLE v. BERRY

No. 80-829.

111 Ill. App.3d 487 (1982)

444 N.E.2d 593

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES BERRY, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed December 22, 1982.

Attorney(s) appearing for the Case

Ralph Ruebner and Nancy Abrahams, both of State Appellate Defender's Office, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Marcia B. Orr, Warren A. Zimmerman, and Edward M. Rubin, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

JUSTICE RIZZI delivered the opinion of the court:

Defendant, James Berry, was found guilty of murder and armed violence in a jury trial and was sentenced to a term of 30 years. On appeal he contends that (1) because self-defense was raised, the instructions should have informed the jury that the State was required to prove beyond a reasonable doubt that his actions were not justified and (2) he was denied effective assistance of counsel...

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