Illinois Appellate Court
Criminal Court
Jury Instructions
Defendant was convicted, after jury trial, of first-degree murder. Court properly refused involuntary manslaughter instruction, as evidence did not support it; several witnesses testified that Defendant punched victim as victim walked away, and stomped on victim's head as he lay on the ground. Court gave the appropriate jury instructions which correctly stated the law for each method of murder, and Defendant was not entitled to the second paragraph of IPI Criminal 5.01B where jury returned a general verdict presumed to be based on intentional murder. No plain error in court's failure to comply with Rule 431 in voir dire, by failing to admonish jury as to principle that the defendant is not required to offer any evidence on his own behalf, and by failing to ask each potential juror if they understood and accepted each principle; evidence was not closely balanced, and error did not affect fairness of trial. (GALLAGHER and LAVIN, concurring.)