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People v. Colson

MAY 13, 1966.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

LESTER J. COLSON, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County, Criminal Division; the Hon. F. EMMETT MORRISSEY, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

CHARGE

Voluntary manslaughter. *fn1

DEFENSE AT TRIAL

Justifiable use of force in defense of person. *fn2

JUDGMENT

After a bench trial, the court found defendant guilty and imposed a sentence of three to ten years.

POINTS RAISED ON APPEAL

(1) The charge was not proved beyond a reasonable doubt.

(2) The sentence is excessive.

EVIDENCE

Testimony of State Witnesses

Edward Kendrick and Vander Mayo

These witnesses substantially corroborated each other's testimony. They went to defendant's auto shop at 5:30 p.m. on October 4, 1963, and joined a round robin checker game with defendant and decedent, James Jones. After about an hour the game was changed to dice. Whiskey and beer were consumed; defendant drank beer. Defendant lost all his money and asked decedent to lend him four dollars. Decedent declined on the ground that defendant already owed him money. Defendant denied this and called decedent a liar; decedent called defendant a liar. Defendant slapped decedent in the ...


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