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PEOPLE v. PLUM

No. 63072.

44 Ill. App.3d 922 (1976)

358 N.E.2d 1235

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOSEPH PLUM, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Rehearing denied January 13, 1977.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Thomas F. Finegan, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, Joan S. Cherry, and Neil H. Cohen, Assistant State's Attorneys, of counsel), for the People.

Judgment reversed.

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

Joseph Plum was charged with battery (Ill. Rev. Stat. 1975, ch. 38, par. 12-3) and convicted after a jury trial. He was sentenced to 2 years probation with the first 6 months to be served in the House of Correction.

The record reveals that on the evening of March 9, 1975, the defendant was arrested at the Loading Zone Bar. Lieutenant Manley, one of the arresting officers...

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