People v. Nash

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
2012 IL App (1st) 093233
Decision Date: 
Thursday, May 10, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed; mittimus corrected.
Justice: 
STERBA
Defendant was convicted, after jury trial, of first-degree murder based on his committing felony attempted aggravated vehicular hijacking. Taking instructions as a whole, jury was sufficiently instructed as to proximate cause and felony murder to reach lawful conclusion as to Defendant's guilt or innocence. Court did not err in giving use of force instructions to explain why vehicle owner was not liable for victim's death even though he shot victim. Court properly responded to jury's question by referring jury to instructions tendered, as they were readily understandable and sufficiently explained relevant law. (FITZGERALD SMITH and PUCINSKI, concurring.)