People v. Laubscher

On March 12, 1996, following a bench trial in the circuit court of Champaign County, defendant Anthony J. Laubscher was convicted of unlawful use of weapons (720 ILCS 5/24 — 1(a)(4) (West 1994)) and aggravated assault (720 ILCS 5/12 — 2(a)(1) (West 1994)). The trial court sentenced defendant to concurrent terms of two years’ probation on each count. Defendant appeals, contending his conviction of unlawful use of weapons is against the manifest weight of the evidence. We agree and reverse.

At trial, Chris Darvin testified he observed an argument on September 10,1995. He saw defendant arguing…