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PEOPLE v. ELSPERMAN

No. 4-91-0179.

579 N.E.2d 22 (1991)

219 Ill. App.3d 83

161 Ill.Dec. 765

The PEOPLE of the State of Illinois, Plaintiff-Appellant, v. Terry D. ELSPERMAN, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

September 12, 1991.

Attorney(s) appearing for the Case

Richard J. Ringhausen, State's Atty., Jerseyville, Kenneth R. Boyle, Director State's Attorneys Appellate Prosecutor, Springfield, Robert J. Biderman, Deputy Director, and Timothy J. Londrigan, Staff Atty., for plaintiff-appellant.

Daniel D. Yuhas, Deputy Defender, Office of State Appellate Defender, Springfield, and David P. Bergschneider, Asst. Defender, for defendant-appellee.

Justice STEIGMANN delivered the opinion of the court:

In September 1990, defendant, Terry D. Elsperman, was charged with aggravated battery (Ill.Rev.Stat.1989, ch. 38, par. 12-4(a)), obstructing justice (Ill.Rev.Stat.1989, ch. 38, par. 31-4(a)), battery (Ill.Rev.Stat. 1989, ch. 38, par. 12-3(a)(1)), and resisting a peace officer (Ill.Rev.Stat.1989, ch. 38, par. 31-1). The obstructing justice charge alleged that defendant, "with the intent to prevent the apprehension...

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