People v. Mills

I respectfully dissent. I disagree that the record was "devoid” of evidence supporting defendant Mills’ theory of accident. A commonsense review of the evidence, including the complainant’s testimony on cross-examination, supported a theory for submission to the jury that the incident may not have been intentional. Therefore, I believe that the trial court improperly refused to give the requested jury instruction that an assault cannot occur accidentally or thoughtlessly. This was error requiring reversal. I also *85disagree with the majority that all seventeen color slides were relevant and…