People v. Davis

JUSTICE CHAPMAN

delivered the opinion of the court:

On October 1, 1998, Taiwan M. Davis (defendant) was charged by way of an amended indictment with two counts of murder: (1) first-degree murder (720 ILCS 5/9 — 1(a)(2) (West 1998)) and (2) felony murder (720 ILCS 5/9 — 1(a)(3) (West 1998)) predicated upon mob action (720 ILCS 5/25 — 1(a)(1) (West 1998)). During the jury-instruction conference, defense counsel tendered an involuntary manslaughter instruction that the court allowed as an alternative to first-degree murder (count I). The State then moved to nol-pros count I over defendant’s…