People v. Williams

Defendant was charged with 1 count of armed violence and 1 count of aggravated battery (great bodily harm) and 1 count of aggravated batter (public way). Charges alleged that Defendant kicked the victim 2 times in the head on a public way in front of a bar. There was sufficient evidence to conclude that Defendant made physical contact of an insulting or provoking nature with an individual. The fact that victim was already unconscious at time of assault did not mean that conduct could not be of an insulting or provoking nature. Evidence was sufficient for jury to conclude that contact took place on or about a public way. Even if the kicking occurred in the parking lot, instead of the sidewalk or the street, this is sufficient to be "about" a public way. Prosecutor showed jury photographs of victim's injuries during opening statement, when photos had not yet been offered into evidence. No ineffective assistance of counsel in failing to object. (CAVANAGH, concurring; TURNER, specially concurring.)