People v. Barry

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court;

After a jury trial defendant was found guilty of aggravated assault and unlawful use of a weapon within 5 years of release from the penitentiary. He was sentenced to a term of 2 to 5 years for aggravated assault and 5 to 8 years for unlawful use of a weapon within 5 years of release from the penitentiary. On appeal defendant contends that where a person is assaulted by a police officer in civilian dress and does not know him to be a police officer he cannot be found guilty beyond a reasonable doubt of aggravated assault upon a…