People v. Wilmington

This case presents question as to whether defendant was denied fair trial in instant murder prosecution in which defendant was ultimately found guilty of first-degree murder, when trial court failed to ascertain whether defendant had consented to his counsel's tendering of jury instruction on lesser-included offense of second degree murder? Appellate Court, in affirming defendant's conviction, found that although trial court erred in failing to ask counsel in defendant's presence, whether counsel had informed defendant of potential penalties associated with lesser offense, and whether defendant agreed with tender of said instruction, any error was harmless where defendant's acknowledgement of shooting victim made it unlikely that jury could have returned not guilty verdict had instruction not been given.