People v. Lane

Defendant was found guilty of murder and intentional homicide of an unborn child and was sentenced to life in prison. Defendant argued on appeal that the murder of a pregnant woman resulting in the death of her unborn fetus does not qualify as the murder of more than one victim under section 5-8-1(a)(1)(c)(ii) of the Code of Corrections. The Supreme Court reversed and remanded, finding that section 5-8-1, did not apply to the facts of the case because it applies to multiple murders and not to a defendant found guilty of only one murder. The court explained that intentional homicide of an unborn child, while a crime, is not murder but a separate offense with a separate definition. (THEIS, CUNNINGHAM, ROCHFORD, and O’BRIEN concurring and OVERSTREET and HOLDER WHITE, dissenting)