People v. Deskin

Mr. PRESIDING JUSTICE BARRY

delivered the opinion of the court:

This is an appeal from convictions of aggravated battery and the unlawful use of a weapon following a jury trial in the Circuit Court of Stark County. The defendant, Randy J. Deskin, was sentenced to five years probation, the first year of which was to be served on work release.

At the trial, the State’s witnesses indicated that the victim of the alleged battery, Wayne Thompson, had been drinking and that the incident arose because Thompson insulted Deskin. Two witnesses testified that, during the evening of September 19, 1976, at…