The supreme court considered which specific intent the State must prove in an attempted first-degree murder case: intent to kill or intent to kill without legal justification. The court concluded that a conviction for attempted first-degree murder requires a finding that the defendant had the intent to kill without legal justification and that, in this case, the trial court erred when it incorrectly instructed the jury that it was only required to find that the defendant had the intent to kill. The court then affirmed in part and reversed in part, entering a conviction on the lesser-included offense of aggravated battery with a firearm and remanding for sentencing for that offense. (OVERSTREET, HOLDER WHITE, CUNNINGHAM, and ROCHFORD, concurring and THEIS, dissenting. O’BRIEN took no part in the decision)
Illinois Supreme Court
Criminal Court
Criminal Intent