The People v. Post

This case presents the unusual situation of a householder in the city of Pekin who fired a gun while standing in his yard, killing a fleeing intruder, and who was subsequently convicted of involuntary manslaughter by a jury in Tazewell County and sentenced to a term of 5 to 10 years in the penitentiary. The Appellate Court, Third District, affirmed (78 Ill. App. 2d 121), and we granted leave to appeal.

The defendant and his wife were in their living room watching television about 9:00 P.M. It was tuned low to avoid disturbing their small children who were asleep. They heard a car pull from 9th…