People v. Moman

Defendant was charged with aggravated battery for kicking a correctional officer while Defendant was in custody. After bench trial, court acquitted Defendant of aggravated batter but convicted him of uncharged offense of obstructing a peace officer. Allegations in indictment,formed main outline of statutory elements of obstructing a peace officer. Thus, obstructing a peace officer was a lesser-included offense of aggravated battery as evidence at trial rationally supported a conviction for obstructing a peace officer. Allegation in indictment that officer was "performing his official duties" was sufficient to notify Defendant of element that officer be engaged in "authorized act within his official capacity."(HOWSE and LAVIN, concurring.)