People v. Laue

Defendant, Joe Laue, was tried by a jury in Effingham County for the aggravated battery of Darrell Gallup, an alleged physically handicapped person. (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 4(b)(14).) The jury found defendant guilty of battery by making contact of an insulting or provoking nature (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 3(a)(2)) and not guilty of battery by causing bodily harm (Ill. Rev. Stat. 1989, ch. 38, par. 12 — 3(a)(1)). The trial court sentenced defendant to two years’ probation for battery, and he appeals his conviction.

We first address defendant’s contention that the…