People v Bailey

We are asked to decide if the trial court erred in refusing defendant’s request to provide the jury with an instruction on assault with intent to do great bodily harm less than murder1 as a cognate lesser included offense of the principal charge of second-degree murder.2 We hold that the trial court *661properly refused to give that instruction. No evidence was presented at trial that any alleged act following defendant’s assault of the decedent constituted an independent intervening cause, cutting off defendant’s criminal liability for the death of the decedent. Evidence that defendant…