Defendant was convicted, after bench trial, of aggravated battery of his 6-year-old stepson; State claimed that Defendant intentionally immersed child in hot water in bathtub, causing child to sustain 2nd- and 3rd-degree burns. Common-law exception to hearsay rule did not apply to identification portion of child's statement to nurse that Defendant poured a cup of hot water on him, as statement was made more than 1 week after incident and treatment of his injuries had already commenced. Court's admission and use of hearsay statement was reversible error. As hearsay statement was the only evidence placing Defendant in the bathroom where injury occurred, State failed to prove Defendant guilty of essential elements of offense beyond a reasonable doubt. Double jeopardy clause forbids successive trial. (LAMPKIN, concurring; GORDON, partially concurring and partially dissenting.)
Illinois Appellate Court
Criminal Court
Hearsay