People v. Berry

Defendant, James Berry, was found guilty of murder and armed violence in a jury trial and was sentenced to a term of 30 years. On appeal he contends that (1) because self-defense was raised, the instructions should have informed the jury that the State was required to prove beyond a reasonable doubt that his actions were not justified and (2) he was denied effective assistance of counsel. We reverse and remand.

On September 13, 1978, at approximately 9:30 p.m., defendant came to the apartment of Gertrude Hollie at 4429 S. Federal in Chicago, Illinois. He stayed until about 10:30 p.m. when his…