People v. Kite

Following a jury trial in the circuit court of Randolph County, defendant, Francis Kite, was found guilty of unlawful possession of a weapon (a knife) by a person in custody of a Department of Corrections facility (Ill. Rev. Stat. 1989, ch. 38, par. 24 — 1.1(b)). Defendant was sentenced to 15 years’ imprisonment to be served consecutive to a previously imposed murder sentence.

At trial, defendant tendered instructions on the affirmative defense of necessity. The trial court held that as a matter of law the defense had not been established. Thus, the court refused defendant’s instruction.…