Illinois Supreme Court Finds Felony Murder Count of Indictment Was Not So Vague as to Require Dismissal.

In this case, the defendant’s accomplice was killed during an attempted armed robbery of 2 men. The State charged the defendant with those offenses, but in the end went to trial on felony murder predicated upon attempted armed robbery. The appellate court reversed because the indictment didn’t identify which attempt armed robbery was the predicate felony for the murder count.

The Illinois Supreme Court reversed the appellate court and reinstated the conviction, finding, reading the indictment as a whole, that the defendant was on notice as to the charge he was defending.

The case is People v. Robert Carey.

Related Posts
  • Number 10 of Bill Wolf’s “Top Ten” Fourth Amendment Cases for Illinois Lawyers: The Illinois Appellate Court Case of People v. McCavitt. Read More
  • U.S. Supreme Court Holds Defendants Sentenced on Mandatory Minimum Ineligible for Later Sentencing Reductions Based on Reduction in Guidelines Range. Read More
  • Seventh Circuit Orders Limited Remand in Light of United States v. Dean Read More