People v. Plair

The defendant was indicted for unlawful use of weapons (Ill. Rev. Stat. 1973, ch. 38, par. 24 — 1(a)(7)), and, under an enhanced penalty provision, for committing that same offense within five years of his release from the penitentiary on a felony conviction. (Ill. Rev. Stat. 1973, ch. 38, par. 24— 1(b)). A jury in the Circuit Court of Cook County found him guilty on both counts. He was sentenced to a term of imprisonment of from three to nine years. On appeal, it is argued (1) that the trial court erred (a) in refusing to bar substantive proof before the jury of his prior conviction of armed…