10
Opinion of the Court
the Illinois Supreme Court affirmed the conviction of a union organizer who had pointed a gun at a worker and threatened to kill him forthwith if he did not take off his overalls and quit work. The court held that the jury had been properly instructed that the "specific intent to kill" could be found even though that intent was "coupled with a condition" that the defendant would not fire if the victim complied with his demand.8 That holding has been repeatedly cited with approval by other courts 9 and by scholars.10 Moreover, it reflects the views endorsed by the authors of the Model
8 The trial judge had given this instruction to the jury: " 'The court instructs you as to the intent to kill alleged in the indictment that though you must find that there was a specific intent to kill the prosecuting witness, Morgan H. Bell, still, if you believe from the evidence beyond a reasonable doubt that the intention of the defendants was only in the alternative—that is, if the defendants, or any of them, acting for and with the others, then and there pointed a revolver at the said Bell with the intention of compelling him to take off his overalls and quit work, or to kill him if he did not—and if that specific intent was formed in the minds of the defendants and the shooting of the said Bell with intent to kill was only prevented by the happening of the alternative—that is, the compliance of the said Bell with the demand that he take off his overalls and quit work—then the requirement of the law as to the specific intent is met.' " 253 Ill., at 272-273, 97 N. E., at 645.
9 See People v. Vandelinder, 192 Mich. App. 447, 451, 481 N. W. 2d 787, 789 (1992) (endorsing holding of Connors); Eby v. State, 154 Ind. App. 509, 517, 290 N. E. 2d 89, 95 (1972) (same); Beall v. State, 203 Md. 380, 386, 101 A. 2d 233, 236 (1953) (same); Price v. State, 168 Tenn. 378, 381, 79 S. W. 2d 283, 284 (1935) (same). But see State v. Irwin, 55 N. C. App. 305, 285 S. E. 2d 345 (1982) (reaching opposite conclusion); State v. Kinnemore, 34 Ohio App. 2d 39, 295 N. E. 2d 680 (1972) (same).
10 See 1 W. LaFave & A. Scott, Substantive Criminal Law § 3.5(d), p. 312 (1986); R. Perkins & R. Boyce, Criminal Law 646-647, 835 (3d ed. 1982); 1 J. Bishop, Bishop on Criminal Law § 287a (9th ed. 1923); 1 H. Brill, Cyclopedia of Criminal Law § 409, p. 692 (1922); Alexander & Kessler, Mens Rea and Inchoate Crimes, 87 J. Crim. L. & C. 1138, 1140-1147 (1997). See also 2 C. Torcia, Wharton's Criminal Law § 182 (15th ed. 1994) (supporting principle of conditional intent but not citing Connors).
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