APPELLATE COURT OF ILLINOIS, THIRD DISTRICT
522 N.E.2d 822, 168 Ill. App. 3d 581, 119 Ill. Dec. 160 1988.IL.578
Appeal from the Circuit Court of Peoria County; the Hon. Calvin R. Stone, Judge, presiding.
JUSTICE STOUDER delivered the opinion of the court. SCOTT and HEIPLE, JJ., concur.
DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE STOUDER
The defendant, Levi Q. Blake, was charged with the offenses of home invasion, armed robbery and residential burglary. A jury found him guilty of all three offenses. The trial court entered a judgment of conviction for home invasion and sentenced him to 12 years' imprisonment. The defendant appeals his conviction, arguing, inter alia, that the jury should have been instructed on necessity.
The State presented the following evidence at trial. On February 1, 1987, Mabel Schadt was living at her two-story house at 613 Voris Street in Peoria. Because Schadt had had cataract surgery the previous August, her neighbor, Rosemary Maloney, would come to her house at about 7 p.m. each evening and spend the night. On January 31, 1987, the two women went to bed at around 11 p.m., after locking the doors and securing the house. They slept in separate bedrooms on the second floor.
At approximately 6 a.m. on February 1, Schadt was awakened by a noise and saw a young man push open her bedroom door. At approximately the same time, Maloney, who had been awake, saw a different man in the hall. She heard one of the men say "I'm going in and rough her up," and the other man say "I'm going on in her room and have some fun." The man who entered Schadt's room fired a pistol and went through her dresser drawers. After a few minutes, the man left her room and ran downstairs.
Schadt went to Maloney's room to help her. The man in Maloney's room told Schadt to lie down and struck her in the face with a gun. Maloney was already lying on the bed, since the same man had put the gun to her head.
The victims remained in the room for about five minutes. The man who had been in Schadt's room returned to that room and ransacked it. He made several quick trips downstairs. At one point the women heard him yell to someone downstairs, referring to him by a number. The women also heard someone downstairs yell to the man upstairs.
In the meantime, the Peoria police were dispatched to 613 Voris. Officer Dale Whitledge arrived first. He inspected the exterior of the residence and saw that the back door had been broken into. He then saw two men appear at the back door. When Whitledge drew his gun and yelled at them to stop, they slammed the door shut, remaining inside.
Officer Jeff Adams saw a man jump through the window of the first-floor dining room and run from the house. Adams pursued the man. When the man pointed a gun and fired a shot at Adams, Adams returned fire, killing the suspect. The deceased, later identified as Willie James Dixon, had a .22 caliber revolver in his hand. The gun had one spent round and five live rounds.
Whitledge saw a man jump out of Schadt's bedroom window, onto the roof of the back porch, and then into a neighbor's yard. Whitledge apprehended the man, Anthony Dixon, nearby. Whitledge found a starter's pistol on the ground near where Anthony had landed. The gun would only fire blanks or caps.
The officers next went into the house to check on the women. Schadt had bruised shoulders and an open wound on her face. The women could not identify the assailants or describe them in detail. A color television set, microwave oven and clock were missing from the house. The ...