People v. Collins

Illinois Appellate Court
Criminal Court
Hearsay
Citation
Case Number: 
2016 IL App (1st) 143422
Decision Date: 
Monday, June 13, 2016
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
HARRIS

Defendant, age 18 at time of offense, was convicted, after jury trial, of aggravated battery with firearm and attempted armed robbery of gas station. Defendant's failure to avail himself of opportunities to withdraw from criminal enterprise demonstrates absence of compulsion. Thus, court properly refused to present jury instruction on affirmative defense of compulsion.Defendant was not prejudiced by exclusion of testimony of his cousin as hearsay, as another witness and Defendant testified about co-Defendant's actions in garage, that he was waving a gun around and pointed it at witness and Defendant.(CUNNINGHAM and CONNORS, concurring.)