People v. Harvey

Mr. PRESIDING JUSTICE TRAPP

delivered the opinion of the court:

A jury convicted defendant of aggravated battery upon counts of an indictment alleging as Count III, a battery causing great bodily harm;

Count IV, a battery using a deadly weapon and Count V, a battery committed “without legal justification” knowing that one Kelley was a peace officer engaged in the execution of his official duties. Sentence of three to six years was imposed upon the charge alleging a battery causing great bodily harm.

Acting upon a report of an observed burglary, Kelley, a state trooper, stopped defendant and one…