People v. Walker

55 Ill. App.2d 292, 204 N.E.2d 594 (1965)

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Nature of the Case

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Facts

Jenkins, McClinton, Brown, and D were drinking. Stenneth approached and demanded that they gamble; that when he was refused, he drew a knife and started toward them. McClinton threatened to hit Stenneth with a bottle. He lunged at D several times as well as others but did no damage. Stenneth then successfully cut D on the arm. D then threw a brick at him, knocking him out. D then picked up the knife and cut Stenneth's throat. He was told not to continue by the group, but he continued, stating that he had been cut. The whole episode happened continuously, with no pauses in the action. D was convicted of murder. D appealed.