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PEOPLE v. ROBERTS

Nos. 13276, 13826, 14187 cons.

56 Ill. App.3d 667 (1978)

372 N.E.2d 143

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ARTHUR A. ROBERTS, Impleaded, Defendant-Appellant. — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. CHESTER L. GRIZZLE, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed January 20, 1978.

Attorney(s) appearing for the Case

Richard J. Wilson, Barbara A. Chasnoff, and Edward R. Green, all of State Appellate Defender's Office, of Springfield, for appellant Arthur A. Roberts.

Richard J. Wilson and John L. Swartz, both of State Appellate Defender's Office, of Springfield, for appellant Chester L. Grizzle.

Roger W. Thompson, State's Attorney, of Lincoln, and Lee J. Plummer, State's Attorney, of Jerseyville (Robert C. Perry, of State's Attorneys Appellate Service Commission, of counsel), for the People.

Reversed and remanded in part, appeal dismissed in part.

Mr. PRESIDING JUSTICE GREEN delivered the opinion of the court:

The three cases before us concern the common question of whether an individual who without actual intent to kill commits an unjustified act knowing that the act creates a strong probability of killing another is guilty of attempt murder when death does not result from his acts.

Two related questions are involved: (1) Is an allegation...

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