People v. Babbington

After a jury trial, defendant Christopher Babbington was found guilty of second degree murder and aggravated battery with a firearm and sentenced to two 14-year terms, to run concurrently. Defendant appeals, contending that: (1) the evidence was insufficient to rebut his claim of self-defense; (2) he was improperly convicted by a panel of 13 jurors when an alternate juror participated in deliberations; (3) the trial court erred in excluding defendant’s prior consistent statement describing the decedent’s gun; (4) the trial court erred in excluding evidence that the decedent’s gun was not…