People v. Diaz

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

Defendant, Lazardo Diaz, was indicted for the murder of Jose Mercado. (Ill. Rev. Stat. 1973, ch. 38, par. 9 — 1.) After a jury trial, he was found guilty of the lesser included offense of voluntary manslaughter (Ill. Rev. Stat. 1973, ch. 38, par. 9 — 2(b)), and was sentenced to the penitentiary for a term of 2 to 6 years.

Defendant now appeals and presents five issues for our review: (1) whether the evidence was sufficient to sustain the conviction beyond a reasonable doubt; (2) whether the jury was misled by an improper…