People v. Crane

145 Ill.2d 520 (1991)

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Nature of the Case

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Facts

Crane (D) got a ride from Robert Gahan. Gahan had asked D if he wanted to smoke marijuana and D agreed. D directed Gahan to a secluded area, and while they were smoking marijuana, Gahan grabbed D by the neck and began to choke him. D responded by hitting Gahan with some nunchucks. D thought Gahan was dead and took the body to a friend's house. At that person's suggestion, D decided to destroy the evidence by burning the body. D poured gasoline over the body and lit it on fire. D then heard a few days later that Gahan was alive when he burned him and D said that this made him cry. D was charged with murder by beating and burning with the intent to kill and also with knowing such acts created a strong probability of death or great bodily harm. D argued that the beating was done in self-defense and that he was not guilty of murder because when he burned the body, he believed that Gahan was dead. The trial court instructed the jury on self-defense but not on mistake of fact. D was convicted and appealed. The appeals court reversed and remanded, and the People appealed.