People v. Grass

Defendant, Joseph A. Grass, was adjudged guilty after a jury trial in the circuit court of St. Clair County of criminal damage to property exceeding $300, a felony, in violation of section 21 — 1(a) of the Criminal Code of 1961 (Ill. Rev. Stat. 1983, ch. 38, par. 21 — 1(a)). He contends that the trial court erred in failing to instruct the jury on the lesser included offense of misdemeanor criminal damage to property.

Defendant and his friend, Timothy Joellenbeck, were involved in an altercation with Michael Huber, Jim Brede and Donald Fix. According to the State’s evidence, Huber’s Ford…