People v. Cowan

I do not agree with the majority that the Prim instruction had a coercive effect on the jury. Also, I do not believe that the trial court erred in giving the Prim instruction. Accordingly, I would affirm the judgment.

The jury found defendant guilty of unlawful restraint and attempt burglary, and not guilty of burglary, home invasion, aggravated kidnaping, two counts of armed violence and two counts of armed robbery. I fail to see how this finding demonstrates coercion. To me, the fact that the jury did not reach the same finding as to all counts mitigates against the allegation that the jury…