People v. Peck
Illinois Appellate Court
260 Ill. App. 3d 812 (1994)
- Written by Abby Roughton, JD
Facts
Several police officers came to the home of Sean Peck (defendant) in response to a call reporting a disturbance. When the officers arrived, they spoke with Peck and Peck’s neighbors. Peck was belligerent while speaking with the officers and spit on an officer’s face, glasses, and cheek. The officers attempted to restrain Peck, but he resisted and began kicking and pulling away. Three officers eventually subdued Peck and arrested him. The State of Illinois (plaintiff) charged Peck with aggravated battery and resisting a peace officer. At trial, Peck testified in his defense that any spitting that had occurred was an accident. The jury found Peck guilty of one count of aggravated battery and one count of resisting a peace officer, and the trial court sentenced Peck to prison. Peck appealed, arguing that the state had failed to prove him guilty of aggravated battery beyond a reasonable doubt because merely spitting on someone could not form the basis for an aggravated-battery conviction.
Rule of Law
Issue
Holding and Reasoning (Steigmann, J.)
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