No. 2-90-0255.

569 N.E.2d 1255 (1991)

210 Ill. App.3d 1071

155 Ill.Dec. 644

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. George PINTA, Defendant-Appellant.

Appellate Court of Illinois, Second District.

April 2, 1991.

Attorney(s) appearing for the Case

Sreenan & Cain, P.C., Peter B. Nolte, Rockford, for George Pinta.

Michael J. Waller, Lake County State's Atty., Waukegan, William L. Browers, Deputy Director, Cynthia N. Schneider, Martin P. Moltz, State's Attys. Appellate Prosecutors, Elgin, for the People.

Justice INGLIS delivered the opinion of the court:

Defendant, George Pinta, appeals his two convictions of battery under section 12-3(a)(2) of the Criminal Code of 1961 (Ill.Rev.Stat.1989, ch. 38, par. 12-3(a)(2)) and raises two issues on appeal. The first issue is whether the trial court properly applied section 115-10 of the Code of Criminal Procedure of 1963 (Code) (Ill.Rev.Stat. 1989, ch. 38, par. 115-10(a)(2)) in a prosecution for battery when it allowed the...

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