People v. Zenner

Following a bench trial in the circuit court of Cook County, defendant Allen Zenner was convicted of aggravated battery and sentenced to a term of 3 years’ probation. On appeal defendant contends: (1) he was not proved guilty beyond a reasonable doubt; and (2) he was denied due process when the trial court recalled a witness after the close of final arguments.

At trial the complaining witness, Thomas Norton, testified that on the evening of October 3, 1975, he had gone to the home of defendant’s estranged wife Sharon Zenner between 12:30 and 1 a.m. after having talked to her on the telephone…