delivered the opinion of the court:
Defendant was convicted after a bench trial of the crime of battery in violation of section 12 — 3 of the Criminal Code (Ill. Rev. Stat. 1971, ch. 38, par. 12 — 3) and sentenced to 60 days in the House of Correction on work release. On appeal he contends: (1) that the State failed to prove рroper venue as alleged in the complaint, (2) that he did not knowingly waive his right to a jury trial, (3) that the triаl court erred by allowing expert medical testimony to be given by a police officer who was not competent to give such expert testimony, (4) that he was denied equal proteсtion and due process of law, due to his indigency, by the failure to provide him with counsel within a reаsonable time after his arrest, and (5) that he was denied effective assistance of counsel and due process of law by appointment of an assistant public defender on the date of his trial who proceeded to trial that day without being properly prepared.
At trial the following pertinent evidence was adduced.
Ellen Townsend for the State
She is 13 years old and lives at 1366 North Mohawk. On July 19, 1973, at about 8 P.M. she was baby-sitting for her sister’s three children when the defendant, her sister’s boyfriend, came into the apartment and asked if anyone was in his room. Defendant entered his room and found Tontanesha, one of the three children, sliding a rug around the floor. The witness was standing in the doorway to defendant’s room when she saw him “whup” the child five times with a belt. Tontaneshа was lying on the floor and started crying immediately.
Two days later Tontanesha was taken to the Univеrsity of Illinois Hospital in Chicago for treatment of the bruises. She admitted that at times she had punished thе children by hitting them, but denied that she hit the baby at all on that night.
Chicago Policewoman Judy Fritz for the State
She works in the Area 4 Youth Division and was called to the University of Illinois Hospital on July 22, 1973, to investigate the circumstances surrounding a 2-year-old child who hаd been brought in by her aunt. She identified Tontanesha as the child she had seen at the hospital and that at that time she observed swelling and bruises on the child. She was allowed to testify, over defense objection, that in her opinion the bruises were a couple of days old.
Defendant Gregory White testified on his own behalf
On July 19, 1973, he went to visit the children’s mother in the hospital and upon his return Ellen, the baby-sitter, told him the children had been fighting. He called the children together and talked to them about the fighting, but did not whip or discipline them in any way. Ellen had beеn with the children from noon until about 4 P.M., and at about 8 P.M. he was either in bed or watching television. He was first infоrmed of the bruises when the child’s mother received a phone call regarding these injuries while hе was visiting her on July 22.
Opinion
Defendant first contends that the State failed to prove proper venue аs alleged in the complaint. While the defendant admits that the complaint alleged the occurrence took place at 1510 W. 15th PL, Chicago, Illinois, and that this would be satisfactory avermеnt of venue, he argues that the State failed to prove this averment and thus failed to prove defendant guilty beyond a reasonable doubt of all elements of the crime.
An averment in an indictment that a crime was committed in a particular county is a material element in the State’s case and must be proven beyond a reasonable doubt like all other elements. (Peоple v. Piehl,
The State refers to People v. Clark,
In light of our holding on this issue we need not reach defendant’s other contentions. The judgment of the circuit court of Cook County is reversed.
Reversed.
DRUCKER and SULLIVAN, JJ., concur.