People v. Towers

delivered the modified opinion of the court on denial of petition for rehearing:

Defendant was indicted for the murder of his wife, Joyce Towers. After a bench trial, he was found guilty of voluntary manslaughter (Ill. Rev. Stat. 1969, ch. 38, par. 9 — 2(a) (1) ) 1 and was sentenced to three to 12 years.

Defendant contends: (1) that the State failed to prove him guilty of voluntary manslaughter beyond a reasonable doubt in that it was not proven that he was acting under a sudden and intense passion resulting from serious provocation; and that the evidence was insufficient to prove that death…