Supreme Court of Illinois

Conviction for felony murder is affirmed over claims that an involuntary manslaughter instruction should have been given where: 1) because the defendant's participation in the mob action involved conduct with a felonious purpose other than the conduct which killed the victim, he could validly be convicted for felony murder after the death occurred; 2) involuntary manslaughter was not a lesser-included offense of the felony murder alleged; and 3) the fact that the prosecution dismissed a count for first degree knowing or intentional murder, leaving the defendant charged only with felony murder, did not call for a different result.

Appellate Information

• Decided 12/16/2004
• Published 12/16/2004

Judges

• Justice FITZGERALD delivered the opinion of the court:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Daniel M. Kirwan, Deputy Defender, and E. Joyce Randolph, Assistant Defender, of the Office of the State Appellate Defender, Mt. Vernon, for appellant, and Taiwan M. Davis, Centralia, appellant pro se., Lisa Madigan, Attorney General, Springfield, and William Haine, State's Attorney, Edwardsville (Gary Feinerman, Solicitor General, and Linda D. Woloshin and Jay Paul Hoffmann, Assistant Attorneys General, Chicago, of counsel), for the People.