People v. Nyberg

Although I agree with Mr. Justice Kluczynski’s dissenting opinion I wish to add a brief additional comment. The essential elements of a criminal homicide are the fact of death and that death was produced by a criminal act. (People v. Garrett, 62 Ill. 2d 151.) I have searched the record in vain for any evidence of the second element. I agree with the appellate court that “From all that appears in the record, the infant may have succumbed to ‘sudden unexpected crib death’ ***.” (24 Ill. App. 3d 41, 49.) In short, there is nothing in the record to support the finding required by Rule 402(c)…