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PEOPLE v. MIDDLETON

No. 59499.

38 Ill. App.3d 984 (1976)

350 N.E.2d 223

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES MIDDLETON, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed May 17, 1976.

Attorney(s) appearing for the Case

Sam Adam, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon and John F. Brennan, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE SIMON delivered the opinion of the court:

The defendant, James Middleton, was found guilty by a jury of deviate sexual assault (Ill. Rev. Stat. 1969, ch. 38, par. 11-3) and aggravated battery (Ill. Rev. Stat. 1969, ch. 38, par. 12-4(c)), and sentenced to a term of not less than 5 nor more than 10 years.

The count of the indictment charging aggravated battery alleged that on February 7, 1970, the defendant administered...

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