Opinion
Gen. No. 41,646. (Abstract of Decision.)
Opinion filed June 9, 1941 Rehearing denied June 23, 1941
ASSAULT AND BATTERY, § 3 — sufficiency of evidence. In prosecution for assault and battery jury could find from evidence that defendant, the business manager of a labor union, struck plaintiff, who was a union member, when the latter attempted to return some unsold benefit dance tickets, even though defendant sought to show that he was not in the union offices when the assault occurred and that a mysterious third person who was unknown had committed the assault, defendant could not complain of conduct of State's Attorney where 11 instances were cited, but in only one at the trial was any attempt made to preserve the question for review, and court did not err in allowing motion of the State to open up the case and receive testimony after argument to the jury was begun.
See Callaghan's Illinois Digest, same topic and section number.
Error to Municipal Court of Chicago; Hon. HAROLD P. O'CONNELL, presiding.
Affirmed. Heard in first division, first district, this court at February term, 1941.
Howard D. Geter and Jos. E. Clayton, Jr., for plaintiff in error;
Thomas J. Courtney, State's Attorney, for defendant in error;
Edward E. Wilson, John T. Gallagher and Melvin S. Rembe, Assistant State's Attorneys, of counsel.
"Not to be published in full." Opinion filed June 9, 1941; rehearing denied June 23, 1941