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PEOPLE v. MITCHELL

No. 57731.

21 Ill. App.3d 171 (1974)

315 N.E.2d 101

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. FLOYD MITCHELL, JR., Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

July 3, 1974.

Attorney(s) appearing for the Case

Arthur H. Grant, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Patrick T. Driscoll, Jr., and William F. Linkul, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE MEJDA delivered the opinion of the court:

Defendant, Floyd Mitchell, Jr., was convicted in a bench trial of the offenses of battery and theft. He was sentenced to the Illinois State Farm at Vandalia for a term of 10 months on the theft and 6 months, concurrent, on the battery. Defendant appeals and contends that:

1) He was not proved guilty beyond a reasonable doubt; 2) The trial court should have granted...

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