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PEOPLE v. BROWN

No. 11221.

130 Ill. App.2d 672 (1970)

267 N.E.2d 16

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. PERCY CORNELL BROWN, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

October 29, 1970.

Attorney(s) appearing for the Case

Jack Waaler, Public Defender, of Urbana, for appellant.

Lawrence E. Johnson, State's Attorney, of Urbana, for the People.

Judgment affirmed.

Mr. JUSTICE CLARK delivered the opinion of the court:

Defendant was tried for murder. At the trial the prosecution tendered a manslaughter instruction, the defendant objected and none was given. He was convicted of murder. He now argues that the court sua sponte should have given the instruction regardless of his objection and in not giving such, we should reverse and remand for a new trial. In other words, it was error to accede...

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