Illinois Appellate Court
Criminal Court
Res Judicata
Defendant was convicted, after jury trial, of felony murder and aggravated battery of a child, and sentenced to natural life. Court refused to instruct jury on involuntary manslaughter. Defendant could have, on direct appeal, raised issue of whether his conviction for aggravated battery of a child properly served as the predicate forcible felony to support his felony murder conviction, but he did not, and thus consideration of issue is barred by res judicata. Felony murder predicated on aggravated battery is a valid and existing crime in Illinois. (CARTER and WRIGHT, concurring.)