People v. Watson

Defendant, Brenda Watson, was charged by information with aggravated battery in violation of section 12 — 4 of the Criminal Code of 1961 (Ill. Rev. Stat. 1983, ch. 38, par. 12 — 4). The circuit court of Jackson County, upon allowance of defendant’s motion to dismiss the charge, held section 12 — 4(b)(5) of the Criminal Code of 1961 (Ill. Rev. Stat. 1983, ch. 38, par. 12 — 4(b)(5)) unconstitutional, and the People appealed pursuant to Rule 603 (107 Ill. 2d R. 603).

The original information charged that the defendant committed aggravated battery in that she struck and caused bodily harm to a…