People v. Yarbrough

PRESIDING JUSTICE DiVITO

delivered the opinion of the court:

The issues presented in this case are whether the circuit court properly denied defendant’s request for a jury instruction concerning second degree murder based upon sudden and intense passion, and whether judgments for both first degree murder and home invasion were proper. For the following reasons, we affirm.

A summary of the evidence heard by the jury, emphasizing the facts that defendant contends justify the second degree murder instruction, follows. In August 1989, defendant Demarco Yarbrough resided in a Richton Park apartment…