People v. Holmes

dehvered the opinion of the court:

On May 3, 1971, the grand jury returned an indictment charging the defendant-appellant John Holmes with the offense of cruelty to children (Ill. Rev. Stat. 1969, ch. 23, sec. 2368). Count II of the indictment charged aggravated battery committed upon the same child, Timothy Lee Holmes, his three-year-old stepson. The issues were tried to a jury, which returned verdicts of guilty on both counts of the indictment. The trial judge imposed identical sentences of 2 to 5 years on each conviction, the sentences to run concurrently.

The defendant first argues that the…