[Download] "People v. Lester" by Illinois Appellate Court — First District (3Rd Division) Judgment Affirmed # Book PDF Kindle ePub Free

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eBook details

• Title: People v. Lester
• Author : Illinois Appellate Court — First District (3Rd Division) Judgment Affirmed
• Release Date : January 23, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Following a bench trial, defendant, Harold Lester, was found guilty of voluntary manslaughter and sentenced to 36 months' probation. On appeal defendant argues that (1) the court erred in failing to suppress statements made by defendant, (2) his claim of self-defense was not disproved beyond a reasonable doubt, (3) error occurred when the State introduced evidence of the victim's reputation as a quiet and peaceful man in its case-in-chief, and (4) error occurred when the State introduced evidence impeaching defendant's good character before defendant put on evidence of his good character. We affirm. On the night of May 27, 1978, defendant and the victim, Fondora Garcia, were bumming money and using it to purchase wine, which they drank. At approximately 1:30 a.m. on May 28, they purchased a bottle of wine at a liquor store at 4017 N. Sheridan in Chicago. At approximately 2 a.m., a police officer observed the victim leaning against a building in the vicinity of 4019 N. Sheridan. The victim was pouring wine in a cup. The officer had seen the victim under the influence of alcohol hundreds of times before, and he stopped his car and approached the victim. The victim seemed happy, semi-conscious and highly intoxicated. In response to the officer's inquiry, the victim said he did not want to go to jail. The officer frisked the victim and did not find any weapons. He then poured the wine on the sidewalk and told the victim to go home. The officer noted that defendant was sitting in a wheelchair to the right of the victim, and that both of defendant's legs had been amputated. The officer did not search defendant and could not say whether defendant was under the influence of alcohol at that time.

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