Conviction of Felony Murder Predicated on Mob Action
In People v. Davis, 213 Ill. 2d 459, 470-75, 821 N.E.2d 1154, 1160-63, 290 Ill. Dec. 580 (2004). the defendant was convicted of felony murder predicated on the forcible felony of mob action (720 ILCS 5/25-1(a)(1) (West 2002)).
The victim had gone to the defendant's neighborhood looking for a television he assumed his girlfriend and two sisters sold in exchange for crack cocaine.
After he asked about the television, an argument ensued, and a group of people began hitting the victim and others with him.
The defendant was identified as being one of the people who joined in the beating. Davis, 213 Ill. 2d at 463-64, 821 N.E.2d at 1157.
In upholding the defendant's first degree murder conviction based on felony murder, the court established the rule that where "'the acts constituting forcible felonies arise from and are inherent in the act of murder itself, those acts cannot serve as predicate felonies for a charge of felony murder.'" Davis, 213 Ill. 2d at 472, 821 N.E.2d at 1162.
The Davis court stated "the evidence at trial demonstrates defendant's conduct was not an act that was inherent in, and arose out of, the killing of the victim." Davis, 213 Ill. 2d at 474, 821 N.E.2d at 1163.
The supreme court went on:
"Simply stated, the same evidence was not used to prove both the predicate felony, mob action, and the murder." Davis, 213 Ill. 2d at 474, 821 N.E.2d at 1163.