Criminal law — sufficiency of evidence

Posted November 6, 2020 11:35 AM

Where a defendant is charged with unlawful use of a weapon by a felon the state must provide evidence that the defendant either actually or constructively possessed the weapon, and the defendant’s presence in a residence where a gun was recovered is not sufficient if there is no indication the defendant lived there or had immediate and exclusive control over the area where the gun was found.The 1st District Appellate Court reversed the decision of Cook County Circuit Judge Joan Margaret O’Brien.Anthony Schulz, a sergeant …

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