People v. Hale

Defendant, Dennis Hale, was charged with the offense of aggravated battery (Ill. Rev. Stat. 1977, ch. 38, par. 12 — 4), in an information alleging that he “willfully, unlawfully and knowingly without legal justification, made physical contact of an insulting and provoking nature with Elijah Rusk, by striking him with his fist, knowing said Elijah Rusk to be a peace officer engaged in the execution of his official duties.”

Defendant moved to dismiss on the ground the quoted language was insufficient to state the offense of aggravated battery. The trial judge, although indicating his belief the…