People v. Tucker

In People v. Tucker, 193 Ill.App.3d 849, 140 Ill.Dec. 696, 550 N.E.2d 581 (1990), a defendant contended on appeal that the jury received an outdated non-IPI instruction, but the reviewing court found that the version given was not outdated and noted the instruction offered by the defendant was part of the 1989 supplement though his trial was held in November 1988. Tucker, 193 Ill. App. 3d at 853. The Tucker court went on to state as dicta, with no citation to authority, that "while we believe that Supreme Court Rule 451(a) (107 Ill. 2d R. 451(a)) requires a trial court to use the latest version of a particular IPI instruction that may be applicable, use by a trial court of an earlier IPI version of that same instruction is not reversible error as long as the earlier version still correctly states the law." Tucker, 193 Ill. App. 3d at 854.