The Second Appellate District affirmed a judgment as modified. In the published portion of its opinion, the court held that when the victim of an attempted murder fought back and succeeded in mortally wounding one of his assailants, the surviving assailants could properly be charged with and convicted of first degree provocative act murder.
Four men tried to rob Jimmy Harris as he was getting out of his car. The assailants demanded money and threatened to kill him if he did not comply. Harris did not comply. He pushed one of his would-be attackers into another and then ran. The men pursued him for more than a quarter mile. During this chase, Harris repeatedly pleaded with onlookers to help him. He said that his pursuers were trying to kill him. His pleas were to no avail.