People v. Armstrong
State: Illinois
Docket No: 78197
People v. Armstrong, No. 78197 (3/19/98)
Docket No. 78197--Agenda 1--November 1997.
THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. DONALD
ARMSTRONG, Appellant.
Opinion filed March 19, 1998.
JUSTICE HEIPLE delivered the opinion of the court:
A jury found the defendant, Donald Armstrong, guilty of five counts of first
degree murder, and one count each of armed robbery, residential burglary and
burglary, in connection with the death of Marion Smigiel. The same jury found
the defendant eligible for the death penalty and that no mitigating circumstances
existed sufficient to preclude imposition of that sentence. The circuit court entered
judgment on the jury's finding and sentenced the defendant to death.[fn1] The
defendant's sentence has been stayed pending direct review by this court. Ill.
Const. 1970, art. VI, sec. 4(b); 134 Ill. 2d Rs. 603, 609(a). In this appeal, the
defendant raises 25 issues challenging his conviction and death sentence. We
affirm in all respects.
I
At the time of her death, 86-year-old Marion Smigiel stood 5 feet 4 inches tall
and weighed 123 pounds. She lived in an apartment building which she owned at
4301 West Haddon in Chicago. Stooped over and arthritic, Smigiel walked with
a metal cane, but nonetheless managed to collect her tenants' trash, which she
would carry to the garage each evening. On the morning of February 4, 1992,
police found Smigiel's body lying in a pool of blood on the floor of her garage.
Her skull had been smashed into several pieces leaving a gaping hole in her head
measuring 5 inches by 2
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