People v. Hancock

I do not dispute the facts as set out by my colleagues in the majority opinion. However, I must differ with my colleagues on their interpretation of section 67 of the Civil Practice Act. That section is unambiguous and provides that “[t]he court shall give instructions to the jury only in writing.” (Ill. Rev. Stat. 1981, ch. 110, par. 67.) The statutory requirement that jury instructions must be in writing has remained unchanged since 1907. (Ill. Laws 1907, at 458, secs. 72-76; Ill. Rev. Stat. 1933, ch. 110, par. 191; Ill. Rev. Stat. 1935, ch. 110, par. 195; Ill. Rev. Stat. 1937, ch. 110,…