People v. Kegley

In People v. Kegley, 227 Ill. App. 3d 48, 56, 590 N.E.2d 922, 169 Ill. Dec. 3 (1992) defense counsel tendered IPI Criminal 2d Nos. 2.01R and 26.01R, but later agreed that the instructions were confusing and that the former versions, IPI Criminal 2d Nos. 2.01 and 26.01, should be given. Kegley, 227 Ill. App. 3d at 53. The reviewing court held that the defendant's attorney effectively withdrew the instructions and there was no error in giving the former versions. Kegley, 227 Ill. App. 3d at 56. The Kegley court referred to a prior decision from the Fourth District, People v. Tucker, 193 Ill. App. 3d 849, 550 N.E.2d 581, 140 Ill. Dec. 696 (1990), for its position that "the use of an earlier version of a pattern instruction that still correctly states the law is not reversible error." Kegley, 227 Ill. App. 3d at 56, citing Tucker, 193 Ill. App. 3d at 854.