Illinois Appellate Court
Criminal Court
Jury Instructions
(Correcting court designation.) Defendant was convicted, after jury trial, of possession of contraband in a penal institution. Indictment alleged that he possessed a shank (a homemade weapon--here, a piece of plastic sharpened to a point) found in his waistband while at Cook County DOC. Court did not err in failing to instruct jury on defense of necessity. Defendant's testimony as to when another inmate threatened him was inconsistent. Possessing a weapon was not Defendant's sole reasonable alternative, and he failed to present any evidence as to when he acquired or made the shank. Court properly limited testimony of witness whose testimony would have been cumulative.(GORDON and LAMPKIN, concurring.)