(DOWNLOAD) "People v. Shelton" by Illinois Appellate Court ? First District (1St Division) Affirmed in Part and Modified in Part # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Shelton
- Author : Illinois Appellate Court ? First District (1St Division) Affirmed in Part and Modified in Part
- Release Date : January 02, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Following a jury trial, defendants, John and Derryl Shelton, were found guilty of aggravated battery and armed violence. Derryl Shelton was sentenced to five years' imprisonment. John Shelton was sentenced to three years' probation conditioned on six months' imprisonment. On appeal, both defendants contend that (1) the trial court erred in refusing to submit a self-defense instruction to the jury; (2) the jury was improperly instructed on the law of accountability and on the weight to be given defendants' testimony; (3) the hearsay testimony of the arresting officer should have been excluded; (4) the cross-examination of a State witness concerning her sexual relationship with the victim was improperly restricted; and (5) improper statements during closing argument and misconduct by the prosecutor denied defendants a fair trial. Defendant John Shelton alone appeals from his sentence. At trial, Kevin Golar, the victim, and Denise West, his girlfriend, gave substantially the same testimony. On May 6, 1981, at about 6:30 p.m., Golar and West went to a liquor store. While in the store, West had a conversation with defendant Derryl Shelton, whom she had once dated. After they left the store, Golar asked West what the defendant had said to her. West stated that the defendant called her a prostitute. Golar was angered by the remark and followed the defendant. An argument developed outside the liquor store between Golar and the defendant. Golar slapped the defendant in the face with his open hand and the defendant ran away. Golar then walked with West to her home. A few minutes after they arrived at the home, Golar heard West's daughter and a playmate screaming and went out on the porch to see what was wrong. The defendants were standing on the sidewalk. Defendant John Shelton held a baseball bat in his hand. Defendant Derryl Shelton had a crowbar in his hand and a six-inch kitchen knife in his back pants pocket. The defendants approached the porch with their weapons raised in the air, while stating to Golar that they were going to kill him. Golar started down the porch stairs, picked up a bicycle, and held it over his head to protect himself. The defendants began swinging their weapons at Golar's head. Golar backed away onto a neighbor's front lawn fending off the defendants' blows with the bicycle he was holding. Defendant John Shelton picked up another bicycle which was lying on the ground and threw it at Golar. The blow knocked Golar backwards into some bushes. He threw the bike off himself and started to get up but lost his balance and once again fell to the ground. Defendant Derryl Shelton then took the knife out of his pocket and stabbed Golar.