People v. Foster

After a jury trial, Jerome Foster, defendant, was convicted of murder (HI. Rev. Stat. 1983, ch. 38, par. 9 — 1), and sentenced to 35 years in the Department of Corrections.

Defendant appeals his conviction and argues that it should be reversed because the trial court (1) abused its discretion in denying him the right to call a material witness, (2) erred in refusing to instruct the jury on the lesser-included offense of voluntary manslaughter, and (3) denied him his right to a fair trial.

We reverse and remand.

The record shows that on or about March 3, 1983, Raymond Collins, Eddie Tidsen, and…