People v. Horton

Mr. PRESIDING JUSTICE GEORGE J. MORAN

dissenting:

Without proof that the defendant knowingly possessed a narcotic drug, the defendant could not have been convicted of the crime of unlawful possession of a narcotic drug and the jury should have been so instructed. People v. Truelock, 35 Ill.2d 189.

The problem is that the instructions submitted to the jury on this charge (Instructions 16 and 17) omitted the element of knowledge. The contention that this omission is reversible error was first raised on appeal. The majority opinion has ruled that because the instructions were given without timely…