People v. Ball

John Ball, a school teacher, was found guilty in a bench trial of battery involving one of his students in violation of section 12 — 3 of the Criminal Code (Ill. Rev. Stat. 1971, ch. 38, par. 12 — 3) and was fined $100 and costs. On appeal, the Appellate Court, Fifth District, reversed and remanded for further proceedings (15 Ill. App. 3d 143), and we have allowed leave to appeal.

The facts are not in dispute. The prosecuting witness, age 11, was a student in defendant’s sixth-grade class at the Henry Robb School in Belleville. On the day of the incident in question, the sixth-grade class was…