People v. Charleston

Defendant, Gary D. Charleston, appeals from the judgment entered on his conviction of aggravated discharge of a firearm in the direction of another person. We reverse.

Defendant was indicted on two counts of aggravated discharge of a firearm (720 ILCS 5/24 — 1.2(a)(1), (a)(2) (West 1994)). Count I alleged that, on January 23, 1994, defendant knowingly discharged a firearm "into a building” which he knew to be occupied. Count II alleged that defendant knowingly discharged a firearm "in the direction of another person.” The case was tried before a jury in April 1994. At the close of the State’s…