People v. Clark

Defendant-appellant Jackie Clark was convicted of aggravated battery after a bench trial in the Circuit Court of Perry County. The only issue which we need resolve on this appeal is whether the battery, which admittedly occurred, took place “on or about a public way” within the meaning of section 12 — 4(b)(8) of the Criminal Code of 1961, as amended (Ill. Rev. Stat. 1977, ch. 38, par. 12 — 4(b)(8)).

The evidence at trial revealed that the battery took place some 95 to 100 feet from Illinois Highway 152 about three-tenths of a mile outside of DuQuoin, on a dirt lane referred to by witnesses as…