Illinois Appellate Court
Criminal Court
Jury Instructions
Jury must be instructed on second degree murder whenever evidence supports instructing jury on justifiable use of force. Where evidence was diametrically opposed, as Defendant testified in clear support of his claim of self-defense, error in failing to so instruct jury was not harmless. Cause remanded to ensure that Defendant's claim of justifiable use of force and all its implications, including whether his belief was unreasonable, are resolved by jury as ultimate trier of facts. (HALL and ROCHFORD, concurring.)