People v. Henderson

Mr. JUSTICE STOUDER,

specially concurring:

I do not agree with the view of the majority that the flight instruction was properly given.

It is fundamental that no instruction should be given which is not reasonably supported by the evidence, or which is not based on some theory logically deductible from some portion of the evidence. 14A Ill. L. & Pr. Criminal Law, §702 (1968).

In People v. Craven, 54 Ill. 2d 419, 299 N.E.2d 1, the principal case relied upon by the majority, the State’s case-in-chief showed that the defendant ran from the scene of thé crime after shooting the victim. The defendant…