People v. Pierce

Chief Justice Thomas and Justices Freeman, Fitzgerald, Garman, and Karmeier concurred in the judgment and opinion.

Justice Kilbride specially concurred, with opinion.

OPINION

In this case, we must determine whether the modified jury instructions given at defendant’s trial accurately stated the law when they defined the offense of theft from the person to include a taking from the “presence” of the person. To make this determination, we must decide whether one commits the offense of theft “from the person” in Illinois when he steals property that is not in physical contact with the person. The…