People v. Peck

260 Ill.App.3d 812 (1994)

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Nature of the Case

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Facts

Police were summoned to D's residence to quell a neighborhood disturbance. Several officers responded and spoke with the local residents, including D. As the officers spoke with D, he became belligerent and spit on one officer's face, glasses, and cheek. The officers attempted to arrest him, but he fought them by kicking and pulling away while they tried to restrain and place handcuffs on him. Three police officers subdued D and placed him under arrest. D claimed that any spitting that occurred was accidental. The jury found D guilty of one count of aggravated battery and one count of resisting a peace officer and acquitted him of another count of aggravated battery. D appealed. D contends that spitting alone cannot sustain an aggravated battery conviction.