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PEOPLE v. DeARMOND

No. 11394.

5 Ill. App.3d 831 (1972)

284 N.E.2d 474

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WALTER LEE DeARMOND, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

June 12, 1972.

Attorney(s) appearing for the Case

John F. McNichols, of Defender Project, of Springfield, (J. Daniel Stewart, of counsel,) for appellant.

Lawrence E. Johnson, State's Attorney, of Urbana, (William R. Gaston, Assistant State's Attorney, and L. Keith Hays, Jr., Senior Law Student, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE SMITH delivered the opinion of the court:

Defendant was found guilty of armed robbery and of aggravated battery and appeals from a sentence of three years probation with the first year to be served at the Illinois State Penal Farm. He asserts (1) that the indictment as to aggravated battery and the jury instruction as to aggravated battery were both fatally defective because they did not include the words "without legal justification...

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