People v. Smith

On September 5, 1978, an information was filed against the defendant, Dan Smith, and Mary Smith, charging them with the murder (Ill. Rev. Stat. 1977, ch. 38, par. 9 — 1(a)) and armed robbery (Ill. Rev. Stat. 1977, ch. 38, par. 18 — 2(a)) of Clifty Davis. These offenses were committed on August 25, 1978. Mary Smith’s case was severed from that of the defendant prior to trial. After a trial by jury, the defendant was found guilty of both offenses. The State sought to impose the death penalty, and the defendant waived a jury for the purpose of sentencing. After holding a separate sentencing…