People v. Falkner

After trial by jury defendant, Robert Falkner, was convicted of the offense of felony murder (Ill. Rev. Stat. 1975, ch. 38, par. 9 — 1(a)(3)) and sentenced to a term of 15 to 30 years imprisonment. He appeals contending that commission by him of the underlying forcible felony alleged in this case, armed robbery, it being a necessary element of the felony murder charge, was not proved beyond a reasonable doubt. He contends that his conviction of felony murder should, therefore, be reduced by this court to the lesser included offense of involuntary manslaughter. Defendant also contends he was…