People v. Swartz

A Macon County jury convicted the defendant of one count of battery (Ill. Rev. Stat. 1987, ch. 38, par. 12 — 3(a)(1)), and the court ordered that he be placed on supervision for a period of six months and pay a fine of $100, plus court costs. We reverse the conviction and remand for a new trial.

At the trial on June 22, 1988, the complainant, Constance Feger, testified that on January 23, 1988, she asked the defendant, Donald Swartz, to take her to the K mart in Decatur, Illinois. Defendant arrived at Feger’s house in Monticello around 8:30 p.m. Defendant appeared to have been drinking. When…