definitional murder instruction in Illinois

1992Jones, 81 Ill.2d at 10 , 39 Ill.Dec. 590 , 405 N.E.2d 343 .

1992Jones, 81 Ill. 2d at 10 .

1981More recently in People v. Roberts (1979), 75 Ill. 2d 1 , 387 N.E.2d 331 , the Illinois Supreme Court referred to the definitional murder instruction in an attempt murder case as “the nonmandatory definitional instruction.” (Emphasis added.) ( 75 Ill. 2d 1, 14 , 387 N.E.2d 331, 337 .) We find this language to be significant and in accordance with our view of the proper resolution of the question before us.

1981More recently in People v. Roberts (1979), 75 Ill. 2d 1 , 387 N.E.2d 331 , the Illinois Supreme Court referred to the definitional murder instruction in an attempt murder case as “the nonmandatory definitional instruction.” (Emphasis added.) ( 75 Ill. 2d 1, 14 , 387 N.E.2d 331, 337 .) We find this language to be significant and in accordance with our view of the proper resolution of the question before us.

1988(See People v. Trinkle (1977), 68 Ill. 2d 198 , 369 N.E.2d 888 .) Because the instruction here permitted the jury to convict defendant even if it only found he intended to cause great bodily harm, defendant believes reversal is required.

1988(See People v. Trinkle (1977), 68 Ill. 2d 198 , 369 N.E.2d 888 .) Because the instruction here permitted the jury to convict defendant even if it only found he intended to cause great bodily harm, defendant believes reversal is required.

2002Second, the Carey court found "significant" support for its decision in the supreme court's reference to "the definitional murder instruction in an attempt murder case as 'the nonmandatory definitional instruction.'" (Emphasis omitted.) Carey, 94 Ill.

2002Second, the Carey court found “significant” support for its decision in the supreme court’s reference to “the definitional murder instruction in an attempt murder case as ‘the nonmandatory definitional instruction.’ ” (Emphasis omitted.) Carey, 94 Ill.

1992The State cites People v. Henderson (1988), 175 Ill.App.3d 483 , 124 Ill.Dec. 934 , 529 N.E.2d 1051 , People v. Bailey (1986), 141 Ill.App.3d 1090 , 96 Ill.

1992The State cites People v. Henderson (1988), 175 Ill.App.3d 483 , 124 Ill.Dec. 934 , 529 N.E.2d 1051 , People v. Bailey (1986), 141 Ill.App.3d 1090 , 96 Ill.

1992The State cites People v. Henderson (1988), 175 Ill.

1992The State cites People v. Henderson (1988), 175 Ill.App.3d 483 , 124 Ill.Dec. 934 , 529 N.E.2d 1051 , People v. Bailey (1986), 141 Ill.App.3d 1090 , 96 Ill.

1989App. 3d 186 , 379 N.E.2d 753 ; see Illinois Pattern Jury Instructions, Criminal, No. 6.05, Committee Notes (2d ed. 1981) (IPI Criminal 2d); IPI Criminal 2d No. 27.02 (which suggests the following definitional murder instruction for attempted murder: “A person commits the offense of murder when he kills an individual if, in performing the acts which cause the death, he intends to kill that individual or another”).

1984App. 3d 580 , 387 N.E.2d 816 , involved a definitional murder instruction which included knowledge that defendant’s acts would cause death, and knowledge that his acts created a strong probability of death.