PEOPLE v. McKAY

No. 4-90-0030.

566 N.E.2d 979 (1991)

208 Ill. App.3d 242

153 Ill.Dec. 129

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Thomas J. McKAY, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

February 7, 1991.


Attorney(s) appearing for the Case

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, John J. Hanlon, Asst. Defender, for defendant-appellant.

Thomas J. Difanis, State's Atty., Urbana, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, David E. Mannchen, Staff Atty., for plaintiff-appellee.


Justice GREEN delivered the opinion of the court:

Section 6-2(a) of the Criminal Code of 1961 (Code) provides that a "person is not criminally responsible for conduct if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity * * * to conform his conduct to the requirements of law." (Ill.Rev.Stat. 1987), ch. 38, par. 6-2(a).) The primary issue in this case concerns the imposition of that defense to a charge of reckless...

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