PEOPLE v. ROLLINS

No. 5-96-0411.

695 N.E.2d 61 (1998)

295 Ill. App.3d 412

230 Ill.Dec. 852

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Jay Bryant ROLLINS, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

April 1, 1998.


Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Dan W. Evers, Assistant Defender, Office of the State Appellate Defender, Mt. Vernon, for Defendant-Appellant.

Rod Wolf, State's Attorney, Harrisburg, Norbert J. Goetten, Director, Stephen E. Norris, Deputy Director, Gerry R. Arnold, Staff Attorney, Office of the State's Attorneys Appellate Prosecutor, Mt. Vernon, for Plaintiff-Appellee.


Justice KUEHN delivered the opinion of the court:

A person who kills an individual without lawful justification commits murder if, in performing the acts which cause death, he either intends to kill or knows such acts create a strong probability of death. It follows that a person cannot murder someone who is already dead. But what if a person mistakenly believes that someone is dead, possesses no intent to kill because of that belief, and in an effort to conceal...

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