#### The People of the State of Illinois, defendant in error, v. Joseph Piatek, plaintiff in error.

Gen. No. 30,887.

Prosecution for assault. Judgment of conviction. Error to the Municipal Court of Chicago; the Hon. Howard W. Hayes, Judge, presiding. He.ard in the third division of this court for the first district at the March term, 1926.

Reversed.

Opinion filed October 13, 1926.

Edward N. Sherburne, for plaintiff in error. Robert E. Crowp, State’s Attorney, Edward E. Wilson and Clarence E. Nelson, Assistant State’s Attorneys, for. defendant in error.

Mr. ‘Presiding Justice Taylor

delivered the opinion of the court.