Yusuf v. Village of Villa Park

Following a jury trial, defendant Paul Kraft was found guilty on two counts of attempted murder (Ill. Rev. Stat. 1981, ch. 38, par. 8-4) and two counts of armed violence (Ill. Rev. Stat. 1981, ch. 38, par. 33A-2). The attempted murder convictions were merged with the armed violence convictions, and defendant was sentenced to 10 years imprisonment on each count, the sentences to run concurrently. On appeal, defendant contends that the jury was improperly instructed on the required mental state for attempted murder where the instructions given would permit a conviction upon a finding that defendant knew his acts created a strong probability of death to another. We agree the instructions were erroneous and reverse and remand for a new trial.