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PEOPLE v. FREE

No. 57213.

37 Ill. App.3d 1050 (1976)

347 N.E.2d 505

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MOSES FREE, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed April 19, 1976.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Dennis E. Urban and Donald S. Honchell, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, Kevin Sweeney, and Bertina E. Lampkin, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE O'CONNOR delivered the opinion of the court:

On April 28, 1971, Alvin Payton was shot and killed by defendant, Moses Free. Defendant was convicted of murder following a bench trial. The issues raised by defendant on appeal are whether he should have been convicted of voluntary manslaughter rather than murder either because he was acting under a sudden and intense passion resulting from serious provocation by the deceased or because...

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