12 Ill. App. 3D 412 (1973)
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.
On appeal, the state argued that the trial court erred when it entered an order arresting a judgment of guilty against defendants for murder.
- Upon review, the court reversed the judgment of the trial court and remanded the case for the sentencing of defendants for felony murder.
- 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 co-conspirators.
- 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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