People v. Carter

PRESIDING JUSTICE McNAMARA

delivered the opinion of the court:

Following a bench trial, defendant Stephen Carter was convicted of the first degree murder of Weldon Houston (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 1(a)) and was sentenced to a term of 30 years. On appeal, defendant contends that (1) he was denied a fair trial because the trial judge’s rejection of his theories of justified use of force and second degree murder was based on two false premises; and (2) the Illinois murder statute (Ill. Rev. Stat. 1987, ch. 38, pars. 9 — 1, 9 — 2) is unconstitutional because it violates principles of…