“[Section 9 — i(l)(a)(2)] encompasses situations where subjective intent to kill may be lacking, but where the defendant intentionally, and with disregard to the consequences, performs acts of obvious danger to another’s life”
How later courts described this case
- “[Section 9 — i(l)(a)(2)] encompasses situations where subjective intent to kill may be lacking, but where the defendant intentionally, and with disregard to the consequences, performs acts of obvious danger to another’s life”
Written by the judges who cited it.
Later courts went against this
Overruled in part, on other grounds by People v. Harris, 72 Ill. 2d 16 (1978)
Defendant cites People v. Muir (1977), 67 Ill. 2d 86, 365 N.E.2d 332, overruled on other grounds in People v. Harris (1978), 72 Ill. 2d 16, 377 N.E.2d 28.
The opinion
MR. JUSTICE MORAN, dissenting:
The appellate court, in its well, reasoned opinion, answers the questions raised by the indictment in this case, expresses my views (including the suggested instruction to the jury contained in footnote 6), and I adopt it as my dissent.
MR. JUSTICE GOLDENHERSH joins in this dissent.