Illinois Appellate Court
Criminal Court
Jury Instructions
Defendant was charged with three counts of first degree murder. Evidence supporting involuntary manslaughter instruction is not as strong as evidence supporting second degree murder instruction, but jury could rationally accept that Defendant acted recklessly and did not intend to shoot victim based on evidence presented. Weighing credibility of Defendant and other witnesses is task for jury, not trial judge, and judge's failure to instruct jury on involuntary manslaughter was abuse of discretion. (APPLETON and POPE, concurring.)