People v. DeArmond

Defendant was found guilty of armed robbery and of aggravated battery and appeals from a sentence of three years probation with the first year to be served at the Illinois State Penal Farm. He asserts (1) that the indictment as to aggravated battery and the jury instruction as to aggravated battery were both fatally defective because they did not include the words “without legal justification”; (2) were out-of-court statements of the identifying witness improperly admitted under the spontaneous declaration exception to the hearsay rule; and (3) in the face of an alibi, does the State prove a…