Legal Opinion · Concurrence

People v. Tolliver

Illinois Supreme Court

Decided March 12, 1992No. 71357Published

1ConcurrenceJustice Freeman

I agree with the majority that defendant’s conviction should be reversed. However, because I believe that the majority opinion unnecessarily modifies the ' “knowledge” requirement for section 4 — 104(a)(2) of the Illinois Vehicle Code (Ill. Rev. Stat. 1989, ch. 95½, par. 4 — 104(a)(2)) set forth in People v. Gean (1991), 143 Ill. 2d 281, to mean “criminal knowledge,” I concur.

The majority notes that the record contains no evidence that defendant had a criminal purpose and that the State did not allege that defendant stole the automobile or attempted to perpetrate a fraud. Accordingly,…

2Cases cited4 opinions

  1. People v. GeanIllinois Supreme Court · 1991
  2. The People v. StewartIllinois Supreme Court · 1960
  3. People v. BaxaIllinois Supreme Court · 1972
  4. People v. FrazierAppellate Court of Illinois · 1983

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API