(DOWNLOAD) "People v. Moore" by Supreme Court of Illinois # eBook PDF Kindle ePub Free

eBook details

Title: People v. Moore
Author : Supreme Court of Illinois
Release Date : January 25, 1983
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

DeWayne Moore was convicted of murder, armed robbery and armed violence after a jury trial in the circuit court of Cook County. He was sentenced to concurrent terms of 40 years for murder and 15 years for each of the other offenses. The appellate court, with one justice dissenting, reversed the judgment of the circuit court and remanded the cause for a new trial, on the ground that it was reversible error for the trial court to refuse to give a voluntary-manslaughter instruction that the defendant had tendered. (102 Ill. App.3d 651.) We allowed the State's petition for leave to appeal under Rule 315 (73 Ill.2d R. 315). At the trial, Mrs. Bok Kim testified through a Korean interpreter that she was the wife of Chong Kim, who owned the Sun Wig Shop in Chicago. She said that on November 24, 1978, at about 4 p.m., she was working in the store while her husband, her three young children and her brother-in-law were in the back room. The defendant entered the store and she waited on him. While she was waiting on him, three other customers came in, and her brother-in-law, Hun Chong Kim, came from the back room and assisted them. Two more customers entered, but soon all of the customers had left the store except the defendant, who was inquiring about necklaces and sunglasses. The defendant then told the brother-in-law to stand aside, and drew a gun from his coat pocket. The defendant took jewelry from the showcases. Mrs. Kim allowed him to take the merchandise, but then grabbed his arm from behind, struggled with him, and called to her husband for help. When her husband came from the back room, the defendant shot him from a distance of five or six feet. As Mr. Kim fell forward, he grabbed the defendant's arm and the defendant fired again. Mrs. Kim shouted for help, and two passersby came in the store and held the defendant until police arrived moments later.