People v. Delk

Defendant, Richard Delk, was charged by indictment with unlawfully carrying a shotgun concealed on his person in violation of section 24 — 1(a)(4) of the Criminal Code of 1961 (Ill. Rev. Stat. 1977, ch. 38, par. 24 — 1(a)(4)). Count II of the indictment charged that the alleged unlawful use of weapons occurred within five years of defendant’s release from the penitentiary, thus raising the class of the offense charged from a misdemeanor to a Class 3 felony under section 24 — 1(b) of the Criminal Code. (Ill. Rev. Stat. 1977, ch. 38, par. 24 — 1(b).) Following a bench trial, defendant was found…