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PEOPLE v. MERRILL

No. 11707.

18 Ill. App.3d 506 (1974)

310 N.E.2d 27

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. FOUNT MERRILL, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

April 10, 1974.

Attorney(s) appearing for the Case

John F. McNichols, Deputy Defender, of Springfield (Robert Kennedy, Assistant Appellate Defender, of counsel), for appellant.

Paul R. Welch, State's Attorney, of Bloomington (John A. Beyer, Assistant State's Attorney, of counsel), for the People.

Judgment affirmed.

Mr. PRESIDING JUSTICE SMITH delivered the opinion of the court:

• 1 The circuit court of McLean County sentenced the defendant to 8 months in the Illinois State Penal Farm following a jury verdict finding the defendant guilty of aggravated battery. The defendant contends that the indictment is insufficient because it fails to allege an essential element of the crime of aggravated battery, that is, that it was "without legal justification...

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