People v. Davis

Albert Davis (hereinafter defendant) was indicted for the offenses of armed robbery and attempt murder. Following a jury trial in the circuit court of Cook County, he was found guilty of attempt murder (Ill. Rev. Stat. 1971, ch. 38, par. 8 — 4) and sentenced to a term of 10 to 30 years. Defendant contends on appeal: (1) he was denied a fair and impartial trial; (2) he was not proved guilty beyond a reasonable doubt; and (3) the sentence imposed was excessive.

At 4 a.m. on August 4,1973, the complainant, Rafael Negron, had been drinking beer in a Chicago bar for approximately seven hours. As…