Illinois Appellate Court
Criminal Court
Jury Instructions
Defendant convicted of first degree murder and aggravated battery with firearm, for shooting two men during altercation after crowd gathered at scene of minor car accident. Evidence showed Defendant acted in self-defense or unreasonably believed that he was justified in using force in self-defense; thus, trial court erred in refused to give instruction for second degree murder, as it should have allowed jury to determine whether Defendant had subjective belief in need for force, and whether that belief was reasonable.