People v. Smothers

In a jury trial in the circuit court of Macon County, defendant, Jewell Richard Smothers, was found guilty of murder and sentenced to a term of not less than 100 nor more than 150 years in the penitentiary. The appellate court affirmed (2 Ill. App.3d 513), and we granted leave to appeal. The evidence is set forth in detail in the opinion of the appellate court and will be reviewed here only to the extent necessary to the discussion of the issues. The homicide out of which the case arose was committed in a visitor's lounge in Decatur Memorial Hospital. At the time of the occurrence defendant was a patient in the hospital and the deceased, Leonard Ray Arnett, was there for the purpose of visiting his father-in-law, also confined as a patient. Defendant contends first that the trial court committed reversible error in refusing to give his tendered instructions on the issue of insanity (I.P.I. — Criminal, Nos. 24.01 and 25.01) and in refusing to submit to the jury two tendered forms of verdict (I.P.I. — Criminal, Nos. 26.03 and 26.04). He argues that there was sufficient evidence of insanity to submit the issue to the jury. It is the position of the People that although the record contains evidence of irrational and bizarre behavior on the part of the defendant at the time of the commission of the offense, the evidence of irrational behavior, standing alone, did not raise the affirmative defense of insanity, and that in the absence of expert opinion testimony offering affirmative evidence of legal insanity as defined by statute the circuit court correctly refused to submit the issue to the jury.