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People v. Nance

MARCH 5, 1975.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

WILLIAM L. NANCE, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Jefferson County; the Hon. RANDALL S. QUINDRY, Judge, presiding.

MR. PRESIDING JUSTICE EBERSPACHER DELIVERED THE OPINION OF THE COURT:

A jury found the defendant, William L. Nance, guilty of the crime of aggravated battery. Following a hearing in aggravation and mitigation, the circuit court of Jefferson County sentenced the defendant to a term of periodic imprisonment for 1 year, the conditions of which term being that the defendant spend weekends in the county jail. The trial court also fined the defendant $250 and ordered him to pay the costs not only of the proceeding but also of his incarceration. As a further condition of the sentence, the court prohibited the defendant from owning, possessing or consuming alcoholic beverages for 1 year.

The defendant raised the following issues on appeal; (1) whether the indictment was insufficient for failing to allege an element of the crime; (2) whether the trial court erred in giving an instruction alleged to be defective; (3) whether the defendant was proven guilty beyond a reasonable doubt; (4) whether the trial court abused its discretion in imposing a sentence of periodic imprisonment and in attaching restrictive conditions thereto.

On January 27, 1973, the grand jury indicted defendant charging him with the offense of aggravated battery. Defendant attacks the sufficiency of the indictment which charged:

"[H]e did intentionally without legal justification make physical contact of a provoking nature with peace Officer Dale Martin, knowing Dale Martin to be a peace officer engaged in the execution of his official duties in violation of paragraph 12-4b-6, chapter 38, Illinois Revised Statutes."

• 1 By statute, an indictment must set forth the nature and elements of the offense charged. (Ill. Rev. Stat. 1973, ch. 38, par. 111-3(a) (3); People v. Harvey, 53 Ill.2d 585, 294 N.E.2d 269.) In People v. Crane, 3 Ill. App.3d 716, 279 N.E.2d 134, this court determined that actual physical harm must be proved to sustain a conviction of aggravated battery under subsections (3) through (7), and under subsection (9) of section 12-4(b) of the Criminal Code (Ill. Rev. Stat., ch. 38, par. 12-4(b)). The provisions of the Code relevant to this appeal are set out in pertinent part below:

"§ 12-3. Battery.

(a) A person commits battery if he intentionally or knowingly without legal justification and by any means,

(1) causes bodily harm to an individual, or

(2) makes physical contact of an insulting or provoking nature with an individual."

§ 12-4. Aggravated Battery.

(a) A person who, in committing a battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated battery and shall be imprisoned in a penal institution other than the penitentiary not to exceed one year or in the penitentiary from one to 10 years.

(b) A person who, in committing battery either: * * *

(6) Knows the individual harmed to be a peace officer, or a person summoned and directed by him, or a ...


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