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People v. Rodriguez

SEPTEMBER 9, 1970.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

ADAM RODRIGUEZ, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. FELIX M. BUOSCIO, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

Rehearing denied October 8, 1970.

OFFENSE CHARGED

Murder. Ill Rev Stats 1965, c 38, §§ 9-1, 9-1(a) (2).

JUDGMENT

After a bench trial, defendant was found guilty of the lesser included offense of voluntary manslaughter (Ill Rev Stats 1965, c 38, § 9-2) *fn1 and sentenced to a term of 3 to 10 years.

CONTENTION RAISED ON APPEAL

Defendant was not proven guilty beyond a reasonable doubt of the offense of voluntary manslaughter.

EVIDENCE

Eileen Sanchez, for the State:

She is a daughter of the deceased, Antonio Sanchez, and on the evening of June 10, 1967, attended a party at his house where defendant was present. There were between 10 and 20 people at the party, mostly from her family. She danced with defendant, who was drinking a beer, and he told her that if she would "go away with him, he'd buy clothes, a house and a car" and she wouldn't have to go to work. After the dance, she went to the kitchen to talk with a girl friend, when defendant came up from behind and began to hug and kiss her. She walked away from him because her father, who was looking at them, came toward them. She went to the bedroom and didn't hear her father say anything to defendant.

Gladys Cortez, for the State:

She is a daughter of the deceased and was present at the party when defendant arrived at approximately 9:00 p.m. There were about 15 people present. She saw defendant's wife ...


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