People v. Hickman case brief summary
12 Ill. App. 3D 412 (1973)
The state sought review of a decision
from the Circuit Court of Will County (Illinois), which granted
defendants' motion to arrest a judgment finding them guilty of
CASE FACTS Defendants were found guilty of felony
murder after a police officer that was pursuing them for the crime of
burglary was shot by another police officer also in pursuit.
appeal, the state argued that the trial court erred when it entered
an order arresting a judgment of guilty against defendants for
Upon review, the court reversed the judgment of the trial
court and remanded the case for the sentencing of defendants for
Previous holdings provided that a defendant and
co-conspirators acting in concert with him could have been held
responsible for a killing of an innocent third party during the
commission of a forcible felony even though the killing was not
actually done by a person acting in concert with defendant or his
Though the police officer was shot by another
officer in pursuit of defendants, defendants were still guilty of
felony murder because the police officer was killed during the
commission of a forcible felony, burglary.
The court reversed the judgment of the trial court, and held that
the trial court erred in arresting the jury's finding that defendants
were guilty of murder.
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