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PEOPLE v. HOLMES

No. 11767.

13 Ill. App.3d 955 (1973)

301 N.E.2d 316

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOHN HOLMES, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

September 10, 1973.

Attorney(s) appearing for the Case

James R. Streicker, Assistant Appellate Defender, of Chicago, for appellant.

Basil G. Greanias, State's Attorney, of Decatur, (Lawrence R. Fichter, Assistant State's Attorney, of counsel,) for the People.

Reversed in part, affirmed in part and remanded.

Mr. JUSTICE SIMKINS delivered the opinion of the court:

On May 3, 1971, the grand jury returned an indictment charging the defendant-appellant John Holmes with the offense of cruelty to children (Ill. Rev. Stat. 1969, ch. 23, sec. 2368). Count II of the indictment charged aggravated battery committed upon the same child, Timothy Lee Holmes, his three-year-old stepson. The issues were tried to a jury, which returned...

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