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Criminal Law Keyed to Kennedy
The People of the State of Illinois v. William J. Conley
Citation:
187 Ill.App.3d 234 (1989)ProfessorScott Caron
CaseCast™ – "What you need to know"
Facts
On September 28, 1985, the defendant attended a party, Approximately 200 high school students attended the party and paid admission to drink unlimited beer. One of those students, Sean O’Connell, attended the party with several friends. At some point during the party, Sean’s group was approached by a group of 20 boys who apparently thought that someone in Sean’s group had said something derogatory. Sean’s group denied making a statement and said they did not want any trouble. Shortly thereafter, Sean and his friends decided to leave and began walking toward their car which was parked a half block south of the party.
A group of people were walking toward the party from across the street when someone from that group shouted “there’s those guys from the party.” Defendant emerged from that group and approached Sean, who had been walking with his friend Marty Carroll 10 to 15 steps behind two other friends, Glen Mazurowski and Dan Scurio. Defendant demanded that Marty give him a can of beer from his six-pack. Marty refused, and the defendant struck Sean in the face with a wine bottle, causing Sean to fall to the ground. Defendant attempted to hit Marty, but missed as Marty was able to duck. Sean sustained broken upper and lower jaws and four broken bones in the area between the bridge of his nose and the lower left cheek. Sean lost one tooth and had root canal surgery to reposition 10 teeth that had been damaged. Expert testimony revealed that Sean has a permanent condition called mucosal mouth and permanent partial numbness in one lip. The expert also testified that the life expectancy of the damaged teeth might be diminished by a third or a half.
Defendant was convicted of aggravated battery based on permanent disability and great bodily harm. He appealed, arguing that the State failed to prove beyond a reasonable doubt that the victim incurred a permanent disability and that the defendant intended to inflict a permanent disability.
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