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Criminal Law Keyed to Ohlin
People v. Peck
Citation:260 Ill. App. 3d 812 (1994)
In June of 1992. police were sent to the defendant’s residence based on a neighborhood disturbance call. As the officers spoke with the defendant, he was belligerent and spit on one of the office’s face, glasses, and cheek. The officers attempted to arrest him, but he fought them by kicking and pulling away. Ultimately, three officers were able to subdue him and place him under arrest.
After a trial, the defendant was convicted of aggravated battery to a police officer and resisting a peace officer. The defendant appealed, arguing that the State failed to prove him guilty of aggravated battery because spitting alone cannot sustain a conviction.
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