APPEAL from the Circuit Court of St. Clair County; the Hon.
THOMAS O'DONNELL, Judge, presiding.
MR. JUSTICE KASSERMAN DELIVERED THE OPINION OF THE COURT:
Following a jury trial, defendant was convicted in the circuit court of St. Clair County of murder and sentenced to 35 to 70 years. On direct appeal, this court reversed his conviction (People v. Wade (1977), 51 Ill. App.3d 721, 366 N.E.2d 528) and remanded the cause for a new trial. A bench trial was had on remand, following which defendant was again convicted of murder. A new sentencing hearing was had, and defendant was sentenced to 14 to 21 years imprisonment. Defendant appeals, alleging there was insufficient evidence to support his conviction.
The facts relevant to this question are as follows:
In the early evening of January 26, 1975, Glennon Rodgers (the deceased) was driving a 1970 Chevrolet, which was owned by Cedric Taylor's father, in East St. Louis. Cedric Taylor, age 16, and John Billops were passengers.
About 6:30 p.m., this group, travelling south on 19th Street, stopped at a 4-way stop sign at the intersection of 19th and Central. It was just getting dark; however, there is a poolroom and a tavern at that intersection, both of which were equipped with doorway lights, and the area was illuminated by nearby street lights.
Taylor and Billops saw a white 1965 Oldsmobile parked in front of the poolroom. Both knew it was driven by Elijah Parker, Richard Hart, and defendant.
Taylor testified he heard Billops say the names of defendant, Parker, and Hart. Looking toward the poolroom door, he saw the three men. Rodgers drove slowly through the intersection. Defendant ran into the street, crouched, pointed a "pistol" toward the Chevrolet, and fired. Taylor did not indicate he saw anyone else firing, although he testified several shots were fired in all.
Billops' account of these events varies from Taylor's in that he thought it was Rodgers who said the three men's names, and that this occurred after the first shots were fired. He did not see defendant and did not notice who was at the intersection during these events.
Rodgers was shot and lost control of the car. Billops was also shot, and he and Taylor reached for the wheel and stopped the car. Billops then ran for help, and when he returned, Taylor had Rodgers out of the car. Billops went to a friend's house and then to a hospital.
When the ambulance arrived and before the police came, Taylor ran home. It was several days before he went to the police and told them of his presence at the shooting. Rodgers died of his wounds.
Taylor testified that he saw defendant almost every day and that he thought defendant had been involved in shooting three of Taylor's friends in the past.
Defendant, testifying in his own behalf, denied he was present at the shooting. He testified he was at Mrs. Bolden's residence, asleep, when Parker woke him and said he had shot someone in a Chevrolet. Parker did not mention being wounded and did not appear to be injured.
Parker was sworn as a witness for defendant, but refused to answer all questions addressed to him, citing his privilege against incriminating himself. Over the State's objection, his testimony from defendant's earlier trial was admitted in evidence. His testimony at that trial was as follows: He was alone at the time in question when he was shot in the back from a passing car. Retrieving a rifle from Hart's Oldsmobile, he returned the fire. He drove to Mrs. Bolden's house, where he called to defendant and spoke to him from the yard. He walked away, lost consciousness and awoke in a hospital.
Yvonne Jackson, testifying for defendant, stated that she was with Parker, leaving the car he drove to enter her own house when he fired a rifle at a passing ...