Further, allowing the trial court to instruct the jury, sua sponte, on a lesser-included offense comports with the notion that the trial court may give an instruction, requested by the State, on a lesser-included offense despite defendant's objection. See People v. Harris, 8 Ill.2d 431, 434 (1956) (trial court did not err in giving manslaughter instructions tendered by State); People v. Griswold, 405 Ill. 533, 542 (1950) (same); People v. Ivory, 217 Ill. App.3d 619, 622-25 (1991) (in prosecution for armed robbery, trial court did not err by instructing the jury, at the State's request, on the lesser-included offense of robbery); People v. Falkner, 131 Ill. App.3d 706, 710-13 (1985) (where defendant claimed self-defense, State had a right to request and receive a voluntary manslaughter instruction); People v. Nicholson, 61 Ill. App.3d 621, 624-25 (1978) (where victim's statement could be interpreted as saying that she was unsure defendant was armed, trial court did not err in instructing the jury on the lesser-included offense of robbery). The appellate court in the present case, nevertheless, relied upon this court's decisions in People v. Brocksmith, 162 Ill.2d 224 (1994), and People v. Barnard, 104 Ill.2d 218 (1984), for the proposition that a trial court may not instruct a jury, sua sponte, on a lesser-included offense.

"It is settled that, if the evidence admits of but one conclusion which is that the accused, if guilty at all, is guilty of the crime charged, it is error to give an instruction authorizing a conviction for a lesser included offense, and a defendant has a right to keep the jury from receiving instructions on an uncharged, lesser included offense where, for example, the defense is alibi or mistaken identity." People v. Ivory, 217 Ill. App.3d 619, 623 (1991); accord Taylor, 36 Ill.2d at 489; People v. Preston, 341 Ill. 407, 420 (1930); People v. Falkner, 131 Ill. App.3d 706, 710 (1985). The rationale underlying a defendant's right to refuse an instruction on a lesser included offense is that "such an instruction prejudices the defendant by inviting the jury to return a compromise verdict rather than continue to debate the defendant's innocence."

In determining whether reversal is required, several factors should be considered, such as: (1) the sufficiency of the evidence against the defendant; (2) the severity of the sentence imposed; (3) whether the evidence was presented in such a manner as to cause the jury to believe it to be material; and (4) whether the evidence was presented in an effort to relate it to defendant's punishment. ( People v. Falkner (1985), 131 Ill. App.3d 706, 713-14, 475 N.E.2d 964, 969.) However, since murder victims often leave behind family members, every mention of a deceased's family does not per se entitle the defendant to a new trial.

The jury was instructed on self-defense, which required the giving of an instruction on second degree murder regardless of any objection or lack of express agreement by defendant. See People v. Falkner, 131 Ill. App. 3d 706, 712-13, 475 N.E.2d 964, 967 (1985) (discussing instructions on self-defense and voluntary manslaughter, which is now second degree murder in Illinois). Thus, the requirements of Medina do not apply.

• 3 It is settled that, if the evidence admits of but one conclusion which is that the accused, if guilty at all, is guilty of the crime charged, it is error to give an instruction authorizing a conviction for a lesser-included offense, and a defendant has a right to keep the jury from receiving instructions on an uncharged, lesser-included offense where, for example, the defense is alibi or mistaken identity. ( People v. Falkner (1985), 131 Ill. App.3d 706, 710, 475 N.E.2d 964.) The rationale that defendant has a right to refuse a lesser-included offense instruction is that such an instruction prejudices the defendant by inviting the jury to return a compromise verdict rather than continue to debate defendant's innocence.

In fact, as trial counsel enunciated in closing arguments and as appellate counsel points out, one theory of defense was that the State could not prove beyond a reasonable doubt that defendant actually committed the acts complained of. A voluntary manslaughter instruction is most often not warranted with this defense. (See People v. Hughes (1982), 109 Ill. App.3d 352, 361 (defendant who chose to defend on the basis of mistaken identity had a right not to have the jury instructed as to manslaughter); People v. Falkner (1985), 131 Ill. App.3d 706, 710 (defendant has a right to keep the jury from receiving an instruction on lesser included offense if the defense is alibi or mistaken identity).) The decision in Denson was based on facts not present here and is not dispositive of the issue before us.

It is settled in murder cases that if there is evidence which, if believed by the jury, would reduce the crime to manslaughter, an instruction defining manslaughter should be given. ( People v. Lockett (1980), 82 Ill.2d 546, 413 N.E.2d 378; People v. Falkner (1985), 131 Ill. App.3d 706, 475 N.E.2d 964.) It is also well settled, however, that "if the evidence in a criminal case admits of but one conclusion, which is that the accused is guilty of the crime charged, it is error to give an instruction authorizing a conviction for a lesser offense."

• 11 Under these circumstances, we believe the erroneous admission of the evidence was harmless. (See People v. Falkner (1985), 131 Ill. App.3d 706, 475 N.E.2d 964.) The evidence was not the type to have aroused or inflamed the jury.