People v. Smith

Earl M. Smith (defendant) was indicted for murder (Ill. Rev. Stat. 1971, ch. 38, par. 9 — 1) and also for attempt murder (Ill. Rev. Stat. 1971, ch. 38, par. 8 — 4.) After a bench trial, he was found guilty of both offenses and was sentenced to concurrent terms of 20 to 35 years for murder and 10 to 20 years for attempt. On his appeal, his counsel raises the foHowing issues:

1. There was error in admitting evidence of prior and unrelated criminal activity by defendant and in admitting certain physical evidence;

2. The evidence failed to prove guilt beyond a reasonable doubt; and

3. Excessive…