People v. Thomas

Following a jury trial defendant was convicted of murder and attempt armed robbery. (Ill. Rev. Stat. 1973, ch. 38, pars. 9—1, 8—4.) He was sentenced to a term of 25 to 40 years. On appeal he contends that his conviction must be reversed because he was not proved guilty beyond a reasonable doubt. In the alternative, he contends he should be granted a new trial because, (1) his motion for a substitution of judges was denied, and (2) the State’s closing argument was improper and highly prejudicial. Defendant also urges that his sentence is excessive.

Because we reverse and remand for a new trial,…