People v. Horton

Mr. PRESIDING JUSTICE DRUCKER

delivered the opinion of the court:

Defendants, George Horton and Eugene Horton, and one Felton Peck were charged with the murder of Terry Tomalak. Peck’s cause was severed and he was tried separately and convicted. A jury found defendants George and Eugene Horton guilty and sentenced each of them to a term of 100 to 150 years in the penitentiary.

On appeal the Hortons claim they were denied a fair trial because: (1) the prosecutor elicited and facilitated testimony designating defendants and a severed codefendant in the aggregate; (2) the prosecutor in questioning…