People v. Oliver

I respectfully dissent. I see no need to decide whether there was any direct evidence of defendant’s guilt; I conclude that the trial court’s failure to give the second paragraph of IPI Criminal 2d No. 3.02 was harmless. See People v. Minor (1983), 115 Ill. App. 3d 1046, 1051, 451 N.E.2d 1011, 1014.

As the majority nótes, the question is whether we can say that had the instruction been given the verdict would not have been different. (People v. Crow (1985), 108 Ill. 2d 520, 536, 485 N.E.2d 381, 388-89.) Defendant admitted knowing Foster and working with him; he admitted accompanying Foster to…