Ill. Pattern Jury Instr. (Criminal) 26.05

In the fifth case (Set 27.05), the defendant, Lester Williams, is charged with home

invasion and first degree murder. The State claims that he killed the victim, Henry Baxter, while

committing the forcible felony of home invasion. The defendant is also charged with first degree

murder based upon the charge that he killed Baxter intending to kill or to do great bodily harm to

Baxter, or knew that his acts would do so.

The evidence for the State shows that Williams, while armed with a hunting knife,

entered the trailer of his estranged wife and therein confronted her and her new boyfriend,

Baxter. The State's evidence is that an argument ensued, the defendant drew his knife and

attacked Baxter, who subsequently died from the stab wounds.

The defendant testifies that his wife voluntarily permitted him to enter her trailer, Baxter

started an argument with him, he left, and Baxter jumped him just outside the trailer's front door.

Only then did the defendant pull his knife in self -defense and stab Baxter. Baxter then staggered

into the trailer where he collapsed and died on the living room floor.

The court permits the State to present evidence that three weeks before this confrontation,

Williams struck Baxter in the head with a bottle while they were in a tavern and said, “If you

don't stay away from my wife, I'm going to kill you.”

The court instructs the jury on two different versions of first degree murder. One set of

first degree murder instructions (Type A) is based upon the charge that defendant killed the

deceased while intending to kill or cause great bodily harm to the deceased or knowing that his

acts would do so. This set of instructions also permits the jury to find defendant guilty of second

degree murder. The other set of first degree murder instructions (Type B) is based upon felony

murder, and this set does not permit the jury to find the defendant guilty of second degree

murder.