People v. Stombaugh

52 Ill.2d 130 (1972)

284 N.E.2d 640

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee,

v.

DARYL STOMBAUGH, Appellant.

No. 44591.

Supreme Court of Illinois.

Opinion filed May 22, 1972.

FREDERICK F. COHN, of Chicago, for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and PHILIP G. REINHARD, State's Attorney, of Rockford (JAMES B. ZAGEL, Assistant Attorney General, and DANIEL D. DOYLE, Assistant State's Attorney, of counsel), for the People.

Reversed and remanded.

This case requires a determination of: the propriety of the trial court's refusal to give instructions based upon the defense of a…