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PEOPLE v. GAITHER

No. 5-89-0783.

582 N.E.2d 735 (1991)

221 Ill. App.3d 629

164 Ill.Dec. 172

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. William Joe GAITHER, Defendant-Appellant.

Appellate Court of Illinois, Fifth District.

December 4, 1991.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Janet L. Gandy, Asst. Defender, Office of State Appellate Defender, Fifth Judicial Dist., Mt. Vernon, for defendant-appellant.

Charles C. Roberts, Richland County State's Atty., Olney, for plaintiff-appellee.

Justice GOLDENHERSH delivered the opinion of the court:

After a jury trial, defendant, William Joe Gaither, was found guilty of battery in violation of section 12-3(a)(1) of the Criminal Code of 1961 (the Code) (Ill.Rev.Stat. 1989, ch. 38, par. 12-3(a)(1)) and was sentenced to 364 days in the county jail. In this cause defendant raises the following contentions: (1) that he was not proven guilty of battery beyond a reasonable...

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