People v. Davis

PRESIDING JUSTICE LORENZ

delivered the opinion of the court:

Defendant was convicted, after a bench trial, of first degree murder and armed violence. (Ill. Rev. Stat. 1987, ch. 38, pars. 9 — 1(a), 33A — 2.) He appeals, contending that the second degree murder statute violates the principles of due process, equal protection, and separation of powers in the Federal and State constitutions. For the following reasons, we affirm.

Defendant was charged with first degree murder and armed violence. In a bench trial, the following testimony was presented.

Eric Johnson testified that in the morning of…