People v. Allen

Dale Allen and his co-defendant, James Nanz, were indicted for aggravated battery and attempt to commit murder. They were tried by a judge, without a jury, in the circuit court of Cook County. At the close of the evidence the prosecution dropped tire attempt murder charges and the trial court found both men guilty of aggravated battery. Allen was sentenced to a term of 1 to 3 years in the penitentiary. Nanz was sentenced to 4-years’ probation, the first 6 months to be served in the House of Correction. Dale Allen has appealed from his conviction.

He presents two issues for review. He contends…