## Facts

- William Harris and Joyce Baker, who were romantically involved, argued while riding in Harris’s car on November 18, 1975.
- Harris accused Baker of infidelity, retrieved a loaded revolver from under the seat, and held it pointed toward Baker while making statements she understood as threats to kill her.
- Baker tried to flee during the incident but ultimately drove away in the car.
- Baker saw Harris aiming the gun toward the departing car; she heard a shot, and the rear window shattered.
- Police later recovered a bullet fragment from the car.
- The State prosecuted Harris for attempted murder and aggravated kidnapping.

## Issues

1. Whether attempted murder requires proof of a specific intent to kill, rather than an intent to cause great bodily harm or knowledge of a strong probability of such harm.
2. Whether jury instructions that incorporate murder’s broader mental states improperly permit a conviction for attempted murder without finding an intent to kill.

## Decision

- The Illinois Supreme Court reversed Harris’s attempted-murder conviction and remanded for a new trial.
- The court held that attempted murder is a specific-intent offense requiring proof of an intent to kill.
- The court found the jury instructions erroneous because they allowed conviction based on intent to cause great bodily harm or similar non-kill mental states.
- Because the conviction was reversed, sentencing questions addressed below were largely mooted for this case.

## Legal Principles

- Criminal attempt requires a specific intent to commit the target offense.
- Attempted murder requires a specific intent to cause death; mental states sufficient for completed murder (such as intent to cause great bodily harm or knowledge of a strong probability of such harm) do not suffice for attempted murder.
- Jury instructions for attempted murder are reversible error if they allow conviction without requiring the jury to find an intent to kill.

## Conclusion

The court reversed the attempted-murder conviction because the jury was permitted to convict without finding that the defendant specifically intended to kill, reaffirming that attempted murder in Illinois requires proof of intent to cause death.


People v. Harris, 72 Ill. 2d 16, 377 N.E.2d 28 (Ill. 1978)