PEOPLE v. WATSON

No. 63120.

118 Ill.2d 62 (1987)

514 N.E.2d 167

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. BRENDA WATSON, Appellee.

Supreme Court of Illinois.

Opinion filed September 21, 1987.


Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield, and John R. Clemons, State's Attorney, of Murphysboro (Kenneth R. Boyle, Stephen E. Norris and Kim G. Noffke, of the Office of the State's Attorneys Appellate Prosecutor, of Mt. Vernon, of counsel), for the People.

Daniel M. Kirwan, Deputy Defender, and Larry R. Wells, Assistant Defender, of the Office of the State Appellate Defender, of Mt. Vernon, for appellee.

Laura E. Tilly and George F. Galland, Jr., of Davis, Barnhill & Galland, of Chicago (David Peterson, of Springfield, of counsel), for amicus curiae AFSCME, Local 2000.


Reversed and remanded.

JUSTICE RYAN delivered the opinion of the court:

Defendant, Brenda Watson, was charged by information with aggravated battery in violation of section 12-4 of the Criminal Code of 1961 (Ill. Rev. Stat. 1983, ch. 38, par. 12-4). The circuit court of Jackson County, upon allowance of defendant's motion to dismiss the charge, held section 12-4(b)(5) of the Criminal Code of 1961 (Ill. Rev. Stat. 1983, ch. 38, par. 12-4(b)(5)) unconstitutional...

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