People v. Brown

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
2013 IL App (3d) 110669
Decision Date: 
Wednesday, June 19, 2013
District: 
3d Dist.
Division/County: 
Peoria Co.
Holding: 
Affirmed as modified.
Justice: 
SCHMIDT
Defendant was convicted, after jury trial, of armed robbery, unlawful possession of firearm b y felon, intentional murder, and felony murder. Self-defense is not a defense to felony murder, and intent is not relevant to felony murder. Thus, even if court erred in refusing to give self-defense or second degree murder instruction, this is not grounds to reverse felony murder conviction. Court's allowing evidence of Defendant's prior conviction for aggravated battery with a firearm for impeachment was not outcome-determinative, as evidence of Defendant's guilt was overwhelming. (HOLDRIDGE and McDADE concurring.)