December 7, 2019

People v. Kraft - 133 Ill. App. 3d 294 (1985), 478 N.E.2d 1154 - Illinois Appellate Court — 1st District (1st Division)

FACTS: Mr. and Mrs. Grossi were driving and when they attempted to pass D's truck D accelerated and forced them off the rod. Later, Grossi saw D and his truck, pulled over to say something and D opened fire. He shot again as they drove away and also at police who subsequently chased him. D finally surrendered after being wounded in the face and neck.


HISTORY: Is D guilty if he never intended to kill and therefore lacked the required mental state for attempted murder?


HOLDING: Yes


RATIONALE: There exists a discrepancy between the mental state required for attempt and that required for murder. It is wrong to say that knowledge of the action will create a high probability that death will occur, is not the same as specific intent.


DISPOSITION: Reversed and remanded.