Defendant was found guilty of first-degree murder. During trial defendant, who claimed self-defense, requested a jury instruction on the duty to retreat and the trial court denied the request. Defendant appealed and the appellate court reversed. The supreme court granted petition for leave to appeal to consider whether the duty to retreat jury instruction was applicable under the facts of the case and, if it was, whether the trial court’s refusal was an abuse of discretion. The supreme court held that the instruction was not proper under the facts of the case and that the trial court did not abuse its discretion when it rejected the jury instruction. (THEIS, NEVILLE, HOLDER WHITE, CUNNINGHAM, and ROCHFORD, concurring. OVERSTREET took no part in the decision.)
Illinois Supreme Court
Criminal Court
Jury Instructions