People v. Muir

Defendant was convicted of attempt murder (Ill. Rev. Stat. 1973, ch. 38, pars. 8 — 4(a), 9 — 1(a)(2)) after a jury trial and sentenced to four to eight years’ imprisonment. He appeals, contending that the indictment was void. He alternatively contends that he was not proven guilty beyond a reasonable doubt, that prejudicial trial errors were committed, and that the sentence was excessive.

Defendant was seen by a policeman crawling away from a store in which a burglary had been reported to be in progress. When the officer reached a point about 50 feet from where the defendant crouched behind a…