People v. Newbern

Around noon on June 4, 1989, Lawrence Rainer was stabbed to death. Defendant, Carlos Newbern, was charged with killing him and, following a jury trial, was convicted of first degree murder (Ill. Rev. Stat. 1989, ch. 38, par. 9 — 1) and sentenced to 40 years in prison. Defendant appeals, arguing that (1) the State failed to prove beyond a reasonable doubt that his use of force in stabbing Rainer was not justified; (2) the statute defining the offense of second degree murder (Ill. Rev. Stat. 1989, ch. 38, par. 9 — 2) is unconstitutional because it requires a defendant to prove the presence of a…