PEOPLE v. LINDSAY

No. 2-91-0691.

617 N.E.2d 389 (1993)

247 Ill. App.3d 518

187 Ill.Dec. 181

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Andrew LINDSAY, Defendant-Appellant.

Appellate Court of Illinois, Second District.

Rehearing Denied August 4, 1993.


Attorney(s) appearing for the Case

G. Joseph Weller, Deputy Defender, Paul Alexander Rogers, Office of the State Appellate Defender, Elgin, for Andrew Lindsay.

Michael J. Waller, Lake County State's Atty., Waukegan, William L. Browers, Deputy Director, Martin P. Moltz, State's Attys. Appellate Prosecutors, Elgin, for the People.


Justice WOODWARD delivered the opinion of the court:

A jury convicted defendant Andrew Lindsay of the second-degree murder (Ill.Rev. Stat.1989, ch. 38, par. 9-2(a)(2)) of Judy North (the victim). The jury found by a preponderance of the evidence that, at the time defendant killed the victim by strangulation, he acted under the unreasonable belief that his conduct was necessary as self-defense (see Ill.Rev.Stat. 1989, ch. 38, pars. 9-2(a)(2), 7-1). The trial court...

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