People v. Pankey

A jury found defendant guilty of battery (Ill. Rev. Stat. 1975, ch. 38, par. 12—3). The trial court fined defendant *300; no incarceration was imposed.

Defendant argues that the trial court erred in failing to give the jury a Prim instruction and that he was not convicted beyond a reasonable doubt.

Defendant’s trial concluded on April 20,1977, and the 12 jurors retired at 4:45 p.m. The judge excused the court reporter and the following facts have been stipulated by the parties under Supreme Court Rule 323(d). The jury was sent to dinner at 6:15 p.m. and returned to begin deliberating again at 7:45…