People v Conley.Case Brief PDF

Preview

Summary

Case Brief Criminal Law I - keyed to Kardish casebook 8th ed...

Description

People v Conley (Wine Bottle case, Intent) Illinois Appellate Court, 1989. 187 Ill.App.3d 234, 134 Ill.Dec.855, 543 N.E.2d 138. Facts: - Parties: o William J. Conley, Appellant o State, Respondent - Procedural History: o The lower court convicted Mr. Conley of aggravated battery, which Mr. Conley now appeals. - Basis for Argument: o Mr. Conley is appealing on the basis that he did not intend to hit Mr. O’Connell and was trying to hit his friend, therefore the state failed to prove beyond reasonable doubt intent. He also believes that the state failed to prove that Mr. O’Connell incurred a permanent disability. o State believes that it is not necessary that the defendant intended to bring about the particular injuries that resulted. It believes that the burden is met when they prove the defendant intentionally struck Sean. Issue: - Is Mr. Conley guilty of aggravated assault even though he was swinging for someone other than Mr. O’Connell? Holding: - The court found that the defendant was guilty of aggravated assault and did not overturn the conviction. Court’s Reasoning: - The court found that the intent could be inferred by the surrounding circumstances. The defendant may not have intended to hit Mr. O’Connell specifically, however, he did intend to hit someone with the wine bottle, and therefore he is guilty of aggravated battery....