Appeal from the Circuit Court of Cook County; the Hon. JAMES
J. MEJDA, Judge, presiding. Affirmed.
MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.
After a jury trial, defendant was found guilty and was sentenced to a term of 14 to 20 years.
(1) Defendant was not proven guilty beyond a reasonable doubt.
(2) The State's Attorney made prejudicial misstatements during his opening statement to the jury.
(3) The jury was erroneously instructed.
Ralph McCullough, for the State.
On August 11, 1965, defendant, decedent (Fred Butler), William Charles Enis and the witness were in a tavern drinking. An argument arose between decedent and defendant. They wrestled for a while, stopped, and had another drink.
Then they started wrestling again. I don't know if they were angry at each other; they did that all the time, I don't know.
Then Fred picked up a stick and was going to hit the defendant with it. Fred said, "I will blind you for life." He was holding the stick in his hand. It was a two-by-four. I grabbed Freddie Butler by his arms. Freddie was still holding the stick. After I grabbed him, his arms were down at his side. I grabbed his arms down by the wrist part. The stick was still in his hand. One part of it was on the ground and the other end was in his hand. That is when Willie came up and shot him.
Q. And where did Willie shoot?
A. He shot over my right shoulder.
Q. And by that you mean Willie Dorsey?
Q. And where did the shot go?
A. It went over my left shoulder and hit Freddie Butler. It hit Freddie Butler in the left chest. Then Fred made about ten steps and laid the stick on the bench and then he ...