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PEOPLE v. LAUE

No. 5-90-0161.

579 N.E.2d 1270 (1991)

219 Ill. App.3d 926

162 Ill.Dec. 456

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

Appellate Court of Illinois, Fifth District.

October 8, 1991.

Attorney(s) appearing for the Case

Daniel M. Kirwan, Deputy Defender, Dan W. Evers, Asst. Defender, Office of the State Appellate Defender, Mt. Vernon, for defendant-appellant.

Paula Phillips, State's Atty., Effingham, Kenneth R. Boyle, Director, Stephen E. Norris, Deputy Director, Diane L. Campbell, Staff Atty., Office of the State's Attys. Appellate Prosecutor, Mt. Vernon, for plaintiff-appellee.

Justice HARRISON delivered the opinion of the court:

Defendant, Joe Laue, was tried by a jury in Effingham County for the aggravated battery of Darrell Gallup, an alleged physically handicapped person. (Ill.Rev.Stat. 1989, ch. 38, par. 12-4(b)(13).) The jury found defendant guilty of battery by making contact of an insulting or provoking nature (Ill.Rev.Stat.1989, ch. 38, par. 12-3(a)(2)) and not guilty of battery by causing bodily harm (Ill.Rev.Stat.1989, ch. 38...

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