(DOWNLOAD) "People v. Adkisson" by Supreme Court of Illinois ~ eBook PDF Kindle ePub Free
eBook details
- Title: People v. Adkisson
- Author : Supreme Court of Illinois
- Release Date : January 17, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Ricky L. Adkisson pleaded guilty in the circuit court of Knox County to two counts of attempted murder, and the State dismissed a third count charging rape. He was sentenced to concurrent prison terms of not less than 40 nor more than 50 years. Defendant's subsequent motion to vacate his guilty pleas was denied following a hearing. The appellate court concluded that defendant had been improperly admonished as to the mental state required to sustain a conviction for attempted murder, and reversed the judgments, vacated defendant's guilty pleas and remanded the cause for defendant to plead anew. (78 Ill. App.3d 923.) We granted leave to appeal. This case again presents the problem involving the specific intent necessary to constitute attempted murder as discussed in our Muir-Trinkle-Harris-Roberts decisions (People v. Muir (1977), 67 Ill.2d 86; People v. Trinkle (1977), 68 Ill.2d 198; People v. Harris (1978), 72 Ill.2d 16; People v. Roberts (1979), 75 Ill.2d 1). Here, the second count of the information charged defendant with the offense of Attempt (Murder) in that said defendant, with the intent to commit the offense of Murder, in violation of Illinois Revised Statutes, Chapter 38, Section 9-1(a)(1), performed a substantial step toward the commission of that offense, in that he, without lawful justification and with intent to do great bodily harm to Rebecca Ann Adkisson, stabbed Rebecca Ann Adkisson with a knife * * * (Ill. Rev. Stat. 1977, ch. 38, par. 8-4(a)). The third count, in identical language, charged defendant with the same crime but with Robin Ann Adkisson listed as the victim. The attempted murder counts were later amended by changing the words with intent to do great bodily harm to with intent to kill or do great bodily harm.
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