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PEOPLE v. MIDDLESWART

No. 82-619.

124 Ill. App.3d 35 (1984)

463 N.E.2d 1050

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WILLIAM M. MIDDLESWART, Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed May 11, 1984.

Attorney(s) appearing for the Case

Randy E. Blue and Dan W. Evers, both of State Appellate Defender's Office, of Mt. Vernon, for appellant.

Don W. Weber, State's Attorney, of Edwardsville (John X. Breslin and Rita Kennedy Mertel, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Judgment affirmed.

PRESIDING JUSTICE WELCH delivered the opinion of the court:

On January 3, 1983, defendant William Middleswart shot his wife, Patricia Middleswart, in the parking lot of a truck stop in Troy, Illinois, causing her death. He has not denied shooting her. The primary issue presented by this appeal is instead whether the defendant was acting under a sudden and intense passion resulting from serious provocation when he did so. A jury in the circuit...

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