Appeal from the Circuit Court of Cook County, Criminal
Division; the Hon. CHARLES R. BARRETT, Judge, presiding. Judgment
of conviction affirmed.
MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.
Attempt (to commit rape). *fn1
After a jury verdict finding defendant guilty, the court imposed a sentence of one to five years.
(1) The charge was not proved beyond a reasonable doubt.
(2) The State's Attorney made prejudicial remarks in argument.
(3) The court committed error in the giving of instructions to the jury.
Testimony on Behalf of the State
On the evening of January 3, 1963, she and two companions, Evelyn Coppage and Mary Clark, were walking east on the 59th Street bridge over the Dan Ryan Expressway. They were accosted by defendant who warned them not to move and not to "holler" or he would kill them with a gun. She saw the handle of a gun protruding from his coat. Defendant then walked the three girls to a dark and deserted ball park at 57th and Shields Streets where he told them to sit down on the ground. It was icy, muddy and dirty. Seeing that they were cold, defendant announced that he would kiss each girl to find out which was coldest and she would be "first."
After directing the girls to spread their coats on the ground, he selected Deloris and told her to take down her slacks and panties and lie down on the coats. He said, "Remember, I got a gun and don't try any funny business." She did as she was told. He pulled down his zipper and lay on top of her for what seemed like fifteen minutes, but was unable to achieve an erection. He then had her get up and told Evelyn to take her place after first pulling her skirt up and her tights down. He lay on top of Evelyn for a short time during which time he had his hand on the gun in his pocket. He kept saying, "Don't try no funny business."
They all got up and put on their coats and went under a viaduct where defendant said he was looking for a truck or car where they might lie down. Finding none, and with the gun in Deloris' back, they went into an apartment building hall, but a tenant there told them to get out.
Defendant then took them to a house and reminded them not to say anything because he had a gun. A teen-age boy let them in. Defendant introduced them to a woman in the house and had the girls take off their coats. Deloris did not yell; she was scared. She did not notice anyone laughing. They went to the basement where Deloris and Mary went to the washroom while defendant stayed with Evelyn. Defendant decided it was too cold in the basement. He had the girls go back ...