People v. Kirk

Following a jury trial, defendant, L. C. Kirk, a/k/a L. C. Shines, was convicted of the crime of aggravated battery and sentenced to a term of five years in the penitentiary. His term was to run consecutively to an unrelated two-year term for a conviction under indictment No. 82 — 12051 for theft.

The incident resulting in the conviction in this case occurred in the county jail on February 16, 1983. According to the trial testimony, Kirk, while an inmate in the jail, assaulted Robert Sawyer, a correctional officer, causing an eye injury.

Kirk’s appeal is based on the following grounds: (1) a…