People v. Smith

The defendant, Henry L. Smith, was indicted for the offense of unlawful use of weapons. He was convicted after a jury trial and sentenced to imprisonment for not less than three nor more than nine years. On appeal he contends that he was denied a fair trial because the evidence was insufficient to demonstrate that the weapon was immediately accessible to him and because the issues instruction given the jury failed to include accessibility of the weapon as an element of the offense to be proven by the State and further that an instruction was given the jury that defendant had to prove the…