People v. Sivels

Following a bench trial in the circuit court of Cook County, Lawrence Sivels was convicted of voluntary manslaughter and aggravated battery (Ill. Rev. Stat. 1971, ch. 38, pars. 8 — 4, 12 — 4) and was sentenced on each count to concurrent sentences of lVz to 4Yz years. The appellate court affirmed (14 Ill. App. 3d 453), and we granted leave to appeal.

The testimony at trial showed that on May 29, 1971, after an evening of quarreling and drinking, the defendant shot and killed his wife and wounded a friend who lived with them. During trial the defendant moved for a mistrial and, in support of…