People v. Huckstead

I disagree with the majority’s conclusion that no reversible error occurred here. I believe the failure to give Illinois Pattern Jury Instruction, Criminal, No. 25.05 (1968) (hereinafter cited as IPI Criminal) was a serious error that could not be remedied by arguments of counsel.

IPI Criminal No. 25.05 lists the elements of the crime of murder that must be proved by the State in cases like this one in which the defendant claims self-defense. The trial judge instead gave IPI Criminal No. 7.02, which defines what the State must prove without any reference to legal justification and is the…