People v. Lewis

I decline to join in the majority’s opinion in this case because I believe there was sufficient evidence presented at trial to warrant the giving of a second-degree murder instruction based on serious provocation. Although the majority admits that where there is evidence of mutual combat in the record it is reversible error to refuse such an instruction (People v. Johnson (1991), 215 Ill. App. 3d 713, 728, 575 N.E.2d 1247, 1257), it concludes that the combat was not mutual because “there is nothing to indicate that defendant willingly participated in the struggle.” (229 Ill. App. 3d at 881.)…