People v. Babic

Defendant was indicted for intimidation and attempt (theft), found guilty in a jury trial, convicted and sentenced to a term of not less than one year nor more than five years in the penitentiary.

His appeal was originally filed in the Supreme Court which ordered it transferred to this court. Three issues are raised, namely: (1) that the evidence was insufficient to prove defendant’s guilt beyond a reasonable doubt; (2) that it was error to admit into evidence a gun found in defendant’s automobile; and (3) that the prosecutor abridged defendant’s right to testify or decline to testify.

We first…