People v. McLaurin

Defendant was convicted, after bench trial, of being an armed habitual criminal (AHC). State failed to prove Defendant guilty beyond a reasonable doubt because it failed to present sufficient evidence that he possessed a firearm as defined by Criminal Code. Conviction was based solely on testimony of witness that from 50 feet away she observed Defendant walking in the street holding what appeared to be a gun in his hand. The only detail that witness could provide about the gun was its color. That testimony, standing alone, was not sufficient to sustain conviction.(PIERCE, concurring; MIKVA, specially concurring.)