People v. Waters

2 Citing cases

  1. People v. Webb

    125 Ill. App. 3d 924 (Ill. App. Ct. 1984)   Cited 16 times
    In People v Webb, 125 Ill. App.3d 924; 466 N.E.2d 936 (1984), the court found that a homicide victim's statement to a policeman identifying his assailant was admissible because the police officer who took the statement testified that the victim was bleeding from a gunshot wound and moaning for help.

    On appeal, a court of review will consider the evidence in its aspect most favorable to the party prevailing below and will not reverse a conviction in a criminal case unless the evidence is so improbable as to justify a reasonable doubt of the accused's guilt. ( People v. Waters (1976), 47 Ill. App.3d 948, 953, 362 N.E.2d 1157.) The State's evidence was not inherently improbable, and we believe from our review of all of the evidence adduced at trial that defendant was proved guilty beyond a reasonable doubt.

  2. People v. Dillard

    386 N.E.2d 920 (Ill. App. Ct. 1979)   Cited 1 times

    The State argues that the testimony of defendant need not be accepted as evidence that Niro supplied the drugs and, in fact, the trial court stated it did not believe defendant's story, characterizing him as "the biggest liar I have ever seen in this courtroom." Defendant's testimony did, however, raise the defense of entrapment and, unlike this court's decision in People v. Waters (1976), 47 Ill. App.3d 948, 362 N.E.2d 1157, no evidence was presented by the State refuting defendant's testimony so as to permit the trial court to make a determination of the issue based upon the credibility of the witnesses. While we do not imply that law enforcement officials were involved in any way in providing narcotics to defendant, we conclude, in the absence of any contrary evidence, that his convictions under counts I and II of the indictment must be reversed.