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People v. Luttrell

OPINION FILED JUNE 27, 1985.

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

v.

JUDY G. LUTTRELL, DEFENDANT-APPELLANT. — THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

JOYCE LUTTRELL, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Woodford County; the Hon. William M. Roberts, Judge, presiding.

JUSTICE MORTHLAND DELIVERED THE OPINION OF THE COURT:

Judy, Joyce and Joan Luttrell, sisters, were charged in the circuit court of Woodford County, by information with the offenses of battery and disorderly conduct. Subsequently an indictment was returned and filed in the same circuit court, charging the three Luttrell sisters with the offense of aggravated battery. Specifically the indictment alleged:

"That Joan Luttrell, Judy Luttrell, and Joyce Luttrell on or about the 21st day of March, 1984, at El Paso, Illinois, in the county of Woodford and State of Illinois, committed the offense of AGGRAVATED BATTERY in that each defendant wilfully, unlawfully, and knowingly, in violation of the Illinois Revised Statutes, Chapter 38, section 12-3, without legal justification, knowingly caused bodily harm to a City of El Paso Police Officer by engaging in a physical altercation with him, knowing such person to be a police officer engaged in the execution of his official duties."

The three defendants entered a plea of not guilty to all charges, and a bench trial was held on May 22, 1984, resulting in a finding of guilty by the court on all charges against all defendants. A sentencing hearing was held, and Judy was sentenced to the Department of Corrections for a term of three years on the aggravated battery conviction. Joyce Luttrell was sentenced to the Department of Corrections for a term of two years. The court did not impose a sentence on the misdemeanor convictions.

Thereafter, a motion in arrest of judgment was filed alleging that the three charging instruments failed to state offenses. (Ill. Rev. Stat. 1983, ch. 38, par. 116-2(b)(1)). The trial court denied defendants' motion. Joyce and Judy Luttrell appeal. Joan is not a party to this appeal.

The defendants' primary contentions are that (1) the trial court erred in denying defendants' motion in arrest of judgment with respect to the aggravated battery indictment because the indictment failed to specify the identity of the victim or victims of the aggravated battery; (2) the trial court erred in denying defendants' motion in arrest of judgment with respect to the disorderly conduct charge because the information alleged the crime in the general language of the statute; (3) the defendants were not proved guilty of disorderly conduct beyond a reasonable doubt, and (4) the defendants were improperly assessed sheriff's fees.

Because of the view we take of this case, and because the parties are familiar with the facts, we will make only a brief recitation of the facts here.

The three sisters got into a confrontation with two El Paso high school students and a teacher, Steve Schroeder. As a result of this, El Paso police officers eventually became involved, and there was an altercation between the three sisters and two El Paso police officers.

• 1 With respect to defendants' first contention, the statutes, in pertinent part, provide:

"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." Ill. Rev. Stat. 1983, ch. 38, par. 12-3(a).

"A person who, in committing a battery, commits aggravated battery if he either:

* * *

(6) Knows the individual harmed to be a peace officer, or a person summoned and directed by him, or a correctional institution employee, while such officer or employee is engaged in the execution of any of his official duties including arrest or attempted arrest." Ill. Rev. Stat. 1983, ch. 38, par. 12-4(b).

The indictment in this case did not allege the name or names of the police officers upon whom the aggravated battery was committed. Our supreme court has held that where an indictment charges an offense either against persons or property the name of the person or property injured, if known, must be stated, and the allegation must be proved as alleged. (People v. Walker (1955), 7 Ill.2d 158, 130 N.E.2d 182.) The purpose served by alleging the name of the person or property injured is to enable the accused to plead either a former acquittal or conviction under the indictment in the event of a second prosecution for the same offense. This requirement is founded upon the protection of the right of the accused against ...


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