Summary
The Supreme Court of Illinois held that the phrase "poisonous gas" in 720 ILCS 5/20.5-6(a) includes any gas that, in suitable quantities, has properties harmful or fatal to an organism upon contact or absorption. The court concluded that the State presented sufficient evidence that anhydrous ammonia qualified as a poisonous gas and that the defendant possessed it with intent to use it in manufacturing methamphetamine. The court reversed the appellate court and affirmed the circuit court judgment and conviction.
Holdings
- The phrase "poisonous gas" means any gas that, in suitable quantities, has properties harmful or fatal to an organism when brought into contact with or absorbed by the organism. The phrase is not limited to gases designed for chemical warfare.
- The State proved beyond a reasonable doubt that anhydrous ammonia is a poisonous gas under section 20.5-6(a), and the evidence was sufficient to sustain Davison's conviction.
Questions Presented
- What does the phrase "poisonous gas" mean under section 20.5-6(a) of the Illinois Criminal Code?
- Whether the State proved beyond a reasonable doubt that anhydrous ammonia is a poisonous gas within the meaning of section 20.5-6(a).
Disposition
reversed
Cases Cited (8)
- People v. Ramirez, 214 Ill. 2d 176, 179, 824 N.E.2d 232 (2005)(followed)
- People ex rel. Daley v. Datacom Systems Corp., 146 Ill. 2d 1, 15-16, 585 N.E.2d 51 (1991)(followed)
- Jackson v. Virginia, 443 U.S. 307, 319, 99 S. Ct. 2781, 61 L. Ed. 2d 560 (1979)(followed)
- People v. Collins, 106 Ill. 2d 237, 261, 478 N.E.2d 267 (1985)(followed)
- People v. Cunningham, 212 Ill. 2d 274, 279-280, 818 N.E.2d 304 (2004)(followed)
- Gregory v. County of LaSalle, 91 Ill. App. 2d 290, 297, 234 N.E.2d 66 (1968)(limited)
- People v. Qualls, 365 Ill. App. 3d 1015, 303 Ill. Dec. 580, 851 N.E.2d 767 (2006)(discussed)
- People v. Davison, 378 Ill. App. 3d 1010, 318 Ill. Dec. 417, 883 N.E.2d 648(reversed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…