Appellate Court of Illinois
12 Ill. App. 3d 412 (1973)
Rock and Hickman (defendants) were confronted by police as they were leaving the scene of a burglary, and took off running. Sergeant Cronk ran to the back of the building and saw two individuals headed northwest. The individuals ignored Cronk’s commands and continued to flee, disappearing from his sight. Seconds later, Cronk spotted a man carrying a gun running in his direction. He ordered the man to drop his weapon, and when he did not, Cronk shot the man, killing him. It was later revealed the man Cronk shot was in fact a fellow police officer. Rock and Hickman, both unarmed, were found and arrested shortly thereafter. Rock and Hickman were charged and convicted of burglary and murder, pursuant to the doctrine of felony-murder, as codified in Ch. 38, §9-1(a)(3) of the Illinois criminal code. They filed a motion to arrest both judgments. The trial court granted the motion in part, arresting the murder conviction. The State of Illinois appealed to the Appellate Court of Illinois.
Rule of Law
Holding and Reasoning (Scott, J.)
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