victim became physical, requiring intervention by John Smith. Defendant then went back inside the lounge, retrieved the gun that he had given to Ricky Brown earlier that evening, and returned to the outside of the rear door. Shortly thereafter the victim reentered the lounge, closing the rear door behind him. Defendant pushed the door open, fired one shot, and the victim fell to the floor with a bullet wound in his back, from which he subsequently died.
Defendant testified that he got the gun in order to scare the victim from "going to get his gun," since he had been "known to pull a gun before"; that he had called for the victim to stop; that John Smith then "grabbed the gun from my hand and the gun wentdid not appear to the court that they were any less accessible to the State than they were to the defendant-appellant. The court went on to say that the prosecutor went "further than merely offending against the general rule" by asserting that it was the duty of the defendant to call certain witnesses, while, in fact, the law imposes no such duty upon him.
In the present case, the assistant State's Attorney made no suggestion that defendant had any duty to produce the man who gave him the gun. Nor does it appear that the man named "James" was accessible to or could even be identified by the State.
A fact situation closer to the present one is seen in the case of People v. Carr (1969), 114 Ill. App.2d