People v. Gilbert

In a bench trial in the circuit court of Cook County, the defendant, Elmo Gilbert, was found guilty of murder and sentenced to a term of 15 to 30 years in the penitentiary. The appellate court reversed and remanded for a new trial on the ground that the trial judge had conducted an improper experiment in chambers with a shotgun which had been admitted in evidence. (38 Ill. App. 3d 816.) We allowed the People’s petition for leave to appeal.

At approximately 3:30 a.m. on December 3, 1972, Chicago police officer Everett Gully and his partner were on routine patrol when they were stopped by a Mr.…