People v. Delaney

I must respectfully dissent from the majority’s holding that the record contains sufficient proof of the requisite mental state necessary to support defendant’s conviction for voluntary manslaughter.

Although charged with murder, a defendant may properly be found guilty of the lesser offense of voluntary manslaughter but only if the evidence adduced at trial establishes the necessary elements of that offense. (People v. Thompson (1973), 11 Ill. App. 3d 752, 297 N.E.2d 592; People v. Clark (1973), 15 Ill. App. 3d 756, 305 N.E.2d 218.) Where the record does not contain proof of the elements of…