(DOWNLOAD) "People v. Nester" by Illinois Appellate Court — Second District Judgment Affirmed # Book PDF Kindle ePub Free
eBook details
- Title: People v. Nester
- Author : Illinois Appellate Court — Second District Judgment Affirmed
- Release Date : January 17, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
After trial by jury defendant, Charles Nester, was found guilty of murder (Ill. Rev. Stat. 1981, ch. 38, par. 9-1(a)) and was thereafter sentenced to a term of natural life imprisonment. He appeals, contending (1) that the trial court erroneously concluded that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty (Ill. Rev. Stat. 1981, ch. 38, par. 1005-8-1(a)(1)(b)), and, therefore, erred in imposing a sentence of imprisonment for his natural life; and (2) that section 5-8-1(a)(1)(b) of the Unified Code of Corrections (Ill. Rev. Stat. 1981, ch. 38, par. 1005-8-1(a)(1)(b)) violates the Federal and State constitutional guarantees of due process and equal protection of the law. The evidence at trial established that a beer party was held outdoors during the night of July 24 and early morning hours of July 25, 1982, in unincorporated Palatine, Illinois. It appeared to be a gathering of motorcycle people and 100 to 150 persons attended, including Jacqueline Gerasco, Susan Korth, Vincent Keenan and the defendant. At approximately 3:30 a.m. on July 25 an altercation occurred between Vincent Keenan and the defendant. Susan Korth, who was a friend of Keenan's, testified that she observed Keenan and defendant fight in an area that was illuminated by floodlights. She stated that the altercation commenced when Keenan came to the aid of Jacqueline Gerasco, whom the defendant and a friend of his had been harassing with lewd gestures and argument. When defendant struck Gerasco, Keenan ran to her aid.
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