Legal Opinion · Dissent

People v. Ball

Appellate Court of Illinois

Decided October 29, 1973No. 73-34Published

1Dissent

Mr. PRESIDING JUSTICE GEORGE J. MORAN

dissenting:

In my opinion the trial court properly applied the standard of “reasonableness” to determine the defendant’s criminal liability for battery. In holding otherwise, the majority grants teachers more power in disciplining school children than possessed by their parents. To the degree that the majority bases this result on the statutory right of teachers to maintain discipline in the relation of parents and guardians to the pupils, I believe that the majority opinion constitutes improper judicial legislation.

The facts show that the defendant, a 54…

2Cases cited11 opinions

  1. Clasen v. Pruhs ex rel. PruhsNebraska Supreme Court · 1903
  2. Boyd v. StateSupreme Court of Alabama · 1889
  3. State v. EnglandOregon Supreme Court · 1960
  4. State v. . PendergrassSupreme Court of North Carolina · 1837
  5. People v. ParrisAppellate Court of Illinois · 1971

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