The People of the State of Illinois, Defendant in Error, vs. Livingston McGraw, Plaintiff in Error

Summary

The court reversed McGraw's murder conviction because the trial record created grave doubt that he was guilty beyond a reasonable doubt and supported his claim of self-defense. It held that the absence of a formal motion for a new trial did not bar review because the trial court had multiple opportunities to consider the sufficiency of the evidence. Applying the self-defense rule, the court concluded that McGraw could reasonably have believed firing was necessary to prevent a renewed attack by the larger, armed officer.