People v. Kidd

Illinois Appellate Court
Criminal Court
Jury Instructions
Citation
Case Number: 
2014 IL App (1st) 112854
Decision Date: 
Friday, March 7, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Holding: 
Reversed and remanded.
Justice: 
TAYLOR
Defendant was convicted, after jury trial, of attempted murder of a peace officer. Court's inquiry to prospective jurors as to whether they disagreed with Zehr principles was sufficient to indicate that court was asking them whether they understood and accepted those principles. Court erred in refusing to instruct jury on aggravated assault as lesser included offense of attempted murder. Evidence was not overwhelming, and State's case rested solely on officer's testimony as opposed to Defendant's. (McBRIDE and PALMER, concurring.)