People v. Thomas

Defendant, Curtis Thomas, was convicted of second degree murder (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 2(a)(1)) following a bench trial in the circuit court of Cook County. The trial judge sentenced defendant to the penitentiary for a term of four years.

On appeal, defendant attacks the constitutionality of the second degree murder statute, found in section 9 — 2 of the Criminal Code of 1961 (Ill. Rev. Stat. 1987, ch. 38, par. 9 — 2). He contends Criminal Code section 9 — 2 denies defendants convicted of second degree murder due process of law and the equal protection of the law, and also…