Illinois Court of Appeals
204 N.E.2d 594 (Ill. App. Ct. 1965)
Walker (defendant) was sitting on a porch and drinking with McClinton, Jenkins and a woman when they were approached by Stenneth, a stranger. When the group declined Stenneth’s request to gamble with him, Stenneth took out a knife and moved toward them. An altercation soon began, during which Stenneth attempted to cut Walker, McClinton and Jenkins with his knife. Walker eventually threw a brick which knocked Stenneth down, took the knife out of Stenneth’s hand, and stabbed him to death. Following the stabbing, Walker told McClinton that Stenneth had cut him. Walker was charged with murder and tried in the Circuit Court before a judge without a jury. At the trial, the People (plainfiff) argued that Walker had used excessive force against Stenneth and had become impatient after he was cut. Walker and McClinton both testified that the fight was continuous and lasted only a few minutes. Walker was convicted of murder and appealed to the Illinois Court of Appeals.
Rule of Law
Holding and Reasoning (Drucker, J.)
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