Appeal involving the question of whether the doctrine of estoppel can be applied to preclude the State from retrying a defendant under both principal and accountability theories of first-degree murder where a prior jury returned a general verdict of guilty, but answered a special interrogatory given for sentencing enhancement purposes in the negative. The appellate court held that the State is not estopped from prosecuting a principal theory of guilt for the offense of first-degree murder or from presenting evidence and argument on that theory because of the jury’s finding on the special interrogatory because the special interrogatory only applied to whether a sentencing enhancement should be applied and not to the general verdict of guilt. (WELCH and MOORE, concurring.)
Illinois Appellate Court
Criminal Court
Special Interrogatories