People v. Hussey

How to charge the offense of battery is the single question posed by this appeal. Specifically, is the phrase “without legal justification” part of the definition at least for charging purposes. The statute making such conduct an offense includes such phrase:

“A person commits battery if he intentionally or knowingly without legal justification and by any means (1) causes bodily harm to an individual or * * *.”

Defendant was charged with aggravated batteiy, which is a battery causing “great bodily harm” as distinguished from just “bodily harm”, the adjective “great" being the distinguishing…