People v. Stade

Following a bench trial, defendant was convicted of battery (Ill. Rev. Stat. 1977, ch. 38, par. 12 — 3) and sentenced to one year probation on condition he serve the first 90 days in the House of Correction. On appeal defendant contends that: (1) he was not proved guilty beyond a reasonable doubt because he reasonably believed he was being attacked, and (2) the sentence was excessive since defendant was 17 years old, employed as a carpenter and had no criminal history.

The following pertinent evidence was adduced at trial.

For the State

James Cichowski

He was 18 years old on October 1, 1977. As…