Illinois Supreme Court
Criminal Court
Jury Instructions
Defendant was convicted of first degree murder. Court gave jury instruction on justifiable use of force in self-defense, but refused second degree murder instruction. When, in court's judgment, there is evidence in record of subjective belief in need for use of force, it is mandatory that court, upon defendant's request, give second degree murder jury instruction. (KILBRIDE, FREEMAN, THOMAS, KARMEIER, BURKE, and THEIS, concurring.)