PEOPLE v. HUDSON

No. 100033.

856 N.E.2d 1078 (2006)

222 Ill.2d 392

305 Ill.Dec. 927

The PEOPLE of the State of Illinois, Appellee, v. Lavelle HUDSON, Appellant.

Supreme Court of Illinois.

Rehearing Denied September 25, 2006.


Attorney(s) appearing for the Case

Michael J. Pelletier, Deputy Defender, and Laura A. Weiler, Assistant Appellate Defender, of the Office of State Appellate Defender, Chicago, for appellant.

Lisa Madigan, Attorney General, Springfield, Richard A. Devine, State's Attorney, Chicago (Linda D. Woloshin, Assistant Attorney General, Chicago, James E. Fitzgerald, Alan J. Spellberg, Annette Collins and Matthew Connors, Assistant Attorneys, of counsel), for the People.


Justice FITZGERALD delivered the judgment of the court, with opinion:

Defendant, Lavelle Hudson, and a cofelon robbed a barbershop. Unbeknownst to the cofelons, a plainclothes off-duty policeman was inside receiving a haircut. In resisting the robbery, the policeman shot and killed the cofelon. Defendant was charged with, inter alia, first degree murder, under a felony-murder theory. 720 ILCS 5/9-1(a)(3) (West 2002). The parties tendered differing jury instruction...

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