(DOWNLOAD) "People v. Meeker" by Illinois Appellate Court — Fifth District Affirmed in Part and Reversed in Part # Book PDF Kindle ePub Free
eBook details
- Title: People v. Meeker
- Author : Illinois Appellate Court — Fifth District Affirmed in Part and Reversed in Part
- Release Date : January 08, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Defendant, Don Charles Meeker, was charged by information with arson and burglary (Ill. Rev. Stat. 1977, ch. 38, pars. 19-1, 20-1), involving the destruction by fire of the Hidalgo Independent Christian Church, Hidalgo, Illinois. Following a jury trial in the circuit court of Jasper County defendant was convicted on both counts and sentenced to a single term of six years imprisonment. On appeal he raises three issues: (1) whether he was proved sane beyond a reasonable doubt; (2) whether the trial court's refusal of defendant's tendered jury instruction regarding the consequences of a verdict of not guilty by reason of insanity caused the jury to convict him because they believed he would be set free otherwise; and (3) whether defendant's burglary conviction must fail for lack of proof that his entry into the church was unauthorized. First, we consider whether defendant was proved sane beyond a reasonable doubt. A person is not criminally responsible for conduct by reason of insanity if at the time of such conduct, as a result of mental disease or mental defect, he lacks substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law. (Ill. Rev. Stat. 1977, ch. 38, pars. 6-2(a), 1005-1-11.) This is, to say the least, a vexed question, (Ill. Ann. Stat., ch. 38, par. 6-2, Committee Comments, at 326 (Smith-Hurd 1972)), and each case must necessarily be decided on its own facts and circumstances. (United States v. McCracken (5th Cir. 1974), 488 F.2d 406.) What follows below is defendant's version of the church fire and the events leading up to it summarized from his testimony at trial and a lengthy statement he gave to an arson investigator several hours after the fire. The statement was tape recorded and was played to the jury at trial.