Appeal from the Criminal Court of Cook County; the Hon.
ALFONSE F. WELLS, Judge, presiding. Judgment affirmed.
MR. JUSTICE SULLIVAN DELIVERED THE OPINION OF THE COURT.
Defendant Robert Ingersoll appeals from the judgments based upon jury verdicts, convicting him of the crime of rape of Pamela Kushner, and the crime of rape of Carolyn Rab. The defendant was sentenced to a minimum of 5 years and a maximum of 15 years on each indictment, and said sentences were to run concurrently. The appellant contends (1) that the court erred in admitting the testimony of Nola Cory, a witness, as to the details of the statement made to her by Carolyn Rab and Pamela Kushner; (2) that the court erred in admitting the testimony of Earl L. Green, a witness, relative to the conversation between himself and a farmer outside the presence of the defendant; and (3) that the evidence in the record was insufficient to support the finding of guilty.
Defendant Robert Ingersoll was indicted with one Jose Armando Pantoja in two indictments. One charged both defendants with rape and robbery of Pamela Kushner, and the other charged both defendants with rape and robbery of Carolyn Rab. Motion for severance was granted and defendant Ingersoll was tried on both indictments. He was found guilty of rape of Pamela Kushner and not guilty of robbing her. He was found guilty of rape of Carolyn Rab and not guilty of robbing her.
The State's evidence showed that on May 10, 1963, Carolyn Rab and Pamela Kushner had left the Lincoln Theater in Chicago Heights at about 11:35 p.m. and after having coffee and a root beer were on their way to Pamela's house. They were no more than four or five houses from Pamela's house when they were accosted by Ingersoll and Pantoja. Ingersoll, accompanied by Pantoja, forced his way into the car being driven by Carolyn Rab at gun point, and took her and Pamela Kushner to a wooded area near a farm house, and forced them to have sexual relations. While in this wooded area Robert Ingersoll had sexual relations with Carolyn Rab three times. Carolyn Rab testified that Robert Ingersoll at all times had his gun in his hand and that he forced her to have sexual intercourse. That following the attacks upon Carolyn Rab, Miss Kushner, at gun point, was then forced to accompany this defendant outside the car. Pamela Kushner testified that she was forced by the armed defendant to have intercourse with him outside the car, leaving Carolyn Rab in the car with the armed co-defendant. Carolyn Rab also testified that Ingersoll took her purse and removed money from it, and that he also took money from Pamela's purse.
The girls pleaded to go home and some time after 4:00 o'clock in the morning, the defendant, driving the car of Carolyn Rab, who was nineteen years of age, drove back to the place where Pantoja had left his car. Pamela Kushner gave directions on the way back. Pantoja then entered his car and followed the defendant who was driving Miss Rab's car. Both cars were driven to a location on Sauk Trail where the girls were put out of the car. Miss Rab's car was then left a short distance down the road. Carolyn Rab saw a little house nearby on the road. Both Carolyn and Pamela ran to it and awakened a farmer, who observed that the girls were crying and he let them in. The farmer, his wife and a little boy were there. The farmer left, was gone 15 or 20 minutes and came back with a policeman. The girls got in the policeman's car and went to a Standard gas station. They then went to the town of Matteson and later to St. James Hospital in Chicago Heights where the girls were examined.
A physical description of the men and their car was given to the police. Thereafter, on May 21, 1963, at 2:00 p.m. Pamela Kushner, Officer Rekau, Officer Romano and Carolyn Rab went to the Idlewild Country Club. They identified the defendant Ingersoll as he walked out to the pool, took a lawn chair and walked back under the window from which they observed him.
Carolyn identified a .38 caliber Smith & Wesson Special revolver as one similar to the one carried by the defendant. She also identified an Astra Uncetay, 6.35, .25 inch revolver as being one similar to the one carried by Pantoja.
Nola Cory testified that she was a resident of the farm house and that the girls arrived there about 4:00 a.m. and complained of having been raped.
Donald D. Anderson testified that he saw the defendant in his service station at about 11:00 p.m. and again at 4:00 a.m. the following morning on the day of the occurrences. That he had given the defendant change for a $5 bill.
A police officer testified to the recovery of a gun belonging to Robert Ingersoll, pictures from the wallet of Carolyn Rab and her father's name, address and phone number written on a piece of paper.
The chief of police of Matteson testified that he was at the arrests of both of the boys and that he had recovered the girls' wallets. That Ingersoll told him he had another gun at home and it was turned over to the police.
A statement made by Ingersoll to the police was read to the jury by the assistant state's attorney. In the statement Ingersoll stated that he and Pantoja had met these girls and talked to them; that they parked and had sexual relations but he denied the use of the guns or any form of force. He admitted buying cigarettes in the service station and stated that he got the name of Norman Rab, the father of Carolyn Rab, from the phone book because he was going to call the girl again. He denied taking any money from the girls' purses and denied having any guns with him, but he stated that he had described the guns to Carolyn.
The defendant's mother testified that she was at home on the evening of May 10, 1963. That her son's guns were at home on the bed where he had been cleaning them. She had asked her step-daughter to remove the sheets from the bed and she refused to do so until the guns were removed.
The defendant's step-sister testified that she, likewise, was at home the evening of May 10, 1963. Her step-mother asked her to remove the sheets from the beds. She would not remove the sheets from Robert's bed until her step-mother put away the guns which were there.
The defendant did not testify.
The defendant's first contention is that the court erred in admitting the testimony of Nola Cory as to the details of the statement made to her by Carolyn Rab and Pamela Kushner. Nola Cory testified to a complaint made to her by the girls. In answer to a question by the state's attorney she said, "Well, when they first came in the house they said they had been raped." An objection was made by counsel for defendant and the court allowed the witness to testify further, as follows:
"Q. Would you state the conversation?
A. They said they had been raped at gun point and that at the time it seemed it seemed like the people were pretty excited or something. I don't know.
Q. Did they say anything about their money?
A. Yes, one girl said that she had money that ...