APPEAL from the Circuit Court of Cook County; the Hon. ALFONSE
F. WELLS, Judge, presiding.
MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:
Rehearing denied August 13, 1973.
Involuntary manslaughter. (Ill. Rev. Stat. 1967, ch. 38, par. 9-3(a).) *fn1 Driving under the influence of alcohol. (Ill. Rev. Stat. 1967, ch. 95 1/2, par. 144(47).) Negligent driving. Chicago, Ill., Mun. Code (1967), ch. 27, par. 255.
After a bench trial, defendant was found guilty of involuntary manslaughter, and sentenced to a term of one to three years; guilty of negligent driving, and given a suspended fine of $100. The charge of driving while intoxicated was dropped during the trial.
CONTENTIONS RAISED ON APPEAL.
1. The court erred in denying defendant's motion for a continuance to get the Alcoholic Influence Report which the prosecution failed to make available during the course of the trial.
2. The prosecution erred by withholding evidence of an Alcoholic Influence Report which was favorable to the accused.
3. The court erred by refusing to grant a new trial when the court was tendered an Alcoholic Influence Report as an exhibit attached to the motion for a new trial.
4. Defendant was denied a fair and full hearing in aggravation and mitigation when the court failed to order a presentence report upon motion of defense counsel.
Barbara Brooks, for the State:
She was 28 years old and resided with her mother in Chicago at the time of the offense. At about 3:00 P.M. on Saturday, August 9, 1969, she and her mother went shopping at several stores on the south side of Chicago. Their last stop was the Ace Hardware Store at 75th Street near Vincennes. Her mother went into the hardware store, returning ten minutes later with three storm windows. She approached the driver's side of the car which was parked at the curb to get the keys from the witness, then went to the rear of the car to put the windows in the trunk. The witness heard the trunk open, then heard a crash, she slumped over, her chest hit the steering wheel, and she fell out of the passenger side of the car and suffered various injuries. When she got up, she saw her mother lying in the street near the curb with her legs cut off. She saw defendant at the scene, asked him his name, but couldn't understand anything he said because he just mumbled and grumbled. She smelled alcohol on ...