People v. Margiolas

PRESIDING JUSTICE DOWNING

delivered the opinion of the court:

Defendant, George Margiolas, was charged in a one-count indictment with the offense of rape. (Ill. Rev. Stat. 1979, ch. 38, par. 11— 1.) Following a bench trial, defendant was found guilty of the lesser included offense of misdemeanor battery based on contact of an insulting or provoking nature. (Ill. Rev. Stat. 1979, ch. 38, par. 12— 3(a)(2).) The sentence imposed was that of one-year probation, with the special condition that defendant spend 90 days in the Cook County Work Release Center.

Two grounds for reversal are presented by…