People v. Fabian

Mr. PRESIDING JUSTICE MEJDA

delivered the opinion of the court:

Following a bench trial, defendant, Joseph Fabian, was found guilty of murder and was sentenced to the penitentiary for a period of not less than 25 nor more than 75 years. He appeals and contends: (1) he was not proved guilty beyond a reasonable doubt, and (2) the sentence was excessive and should therefore be reduced by this court. We affirm. A summary of the pertinent facts follows.

At approximately 9:30 p.m., on June 19, 1973, David Gonzales was killed by a .38 caliber bullet while standing talking with a group of men in…