People v. McDonald 

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
No. 1-07-2698
Decision Date: 
Tuesday, April 13, 2010
District: 
1st Dist.
Division/County: 
Cook Co., 2nd Div.
Holding: 
Reversed and remanded.
Justice: 
CUNNINGHAM
(Court opinion corrected 9/13/10.) Trial court erred by giving jury instructions related to armed robbery, although Defendant was not charged with armed robbery but with first-degree murder. Court adequately addressed Defendant's self-defense argument in giving initial aggressor jury instruction. Failure to charge Defendant with armed robbery prior to commencement of trial deprived Defendant of opportunity to present a defense to assertion, raised only after both parties rested and during State's closing argument, that Defendant had committed armed robbery in his struggle with victim over a bicycle. (THEIS and KARNEZIS, concurring.)