People v. Mooar

The State appeals from an order of the Circuit Court of Du Page County, dismissing informations filed against defendant, Steven Mooar, for battery (Ill. Rev. Stat. 1977, ch. 38, par. 12 — 3(a)(1)) against both defendant Mooar and defendant Steven Machalinski for criminal damage to property (Ill. Rev. Stat. 1977, ch. 38, par. 21 — 1(a)).

The defendants were originally charged by complaints which alleged that the offenses occurred on December 27, 1978. On June 6, 1979, the cases were called for trial and the defendants and the State answered ready. The prosecutor then indicated that a material…