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PEOPLE v. LOWE

No. 4-89-0970.

560 N.E.2d 438 (1990)

202 Ill. App.3d 648

148 Ill.Dec. 136

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. John LOWE, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

September 13, 1990.

Attorney(s) appearing for the Case

Scott J. Butler, Rushville, for defendant-appellant.

John B. Leonard, State's Atty., Mt. Sterling, Kenneth R. Boyle, Director, State's Attys. Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, Beth McGann, Staff Atty., for plaintiff-appellee.

Presiding Justice KNECHT delivered the opinion of the court:

After a jury trial in the circuit court of Brown County, defendant John Lowe was convicted of aggravated battery for committing a battery "on or about a public way." (Ill.Rev.Stat.1987, ch. 38, par. 12-4(b)(8).) Defendant now appeals, raising constitutional challenges to the phrase "on or about a public way" as used in the statute. We affirm.

On February 27, 1989, Mr. James Assell, while working...

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