Criminal Law keyed to Dripps
People v. Walker
Facts
Walker (Defendant) was sitting on a porch and drinking with McClinton, Jenkins and a woman when they were approached by Stenneth, a stranger. When the group declined Stenneth’s request to gamble with him, Stenneth took out a knife and moved toward them. An altercation soon began, during which Stenneth attempted to cut Defendant, McClinton, and Jenkins with his knife. Defendant eventually threw a brick, which knocked Stenneth down, took the knife out of Stenneth’s hand, and stabbed him to death. Following the stabbing, Defendant told McClinton that Stenneth had cut him. Defendant was charged with murder and tried in the Circuit Court before a judge without a jury. At the trial, the People argued that Defendant had used excessive force against Stenneth and had become impatient after he was cut. Defendant and McClinton both testified that the fight was continuous and lasted only a few minutes. Defendant was convicted of murder and appealed to the Illinois Court of Appeals.
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