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People v. Sanders

MARCH 10, 1967.

PEOPLE OF THE STATE OF ILLINOIS, DEFENDANT IN ERROR,

v.

DAVID SANDERS, PLAINTIFF IN ERROR.



Appeal from the Criminal Court of Cook County; the Hon. JOHN GUTKNECHT, Judge, presiding. Affirmed.

MR. PRESIDING JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

CRIME CHARGED

Rape. *fn1

JUDGMENT

After a bench trial, defendant was found guilty and sentenced to a term of twenty years.

POINTS RAISED ON APPEAL *fn2

(1) The evidence did not establish defendant's guilt beyond a reasonable doubt.

(2) A variance between the indictment and the evidence adduced requires reversal.

Testimony of State Witnesses

Catherine Wells

On the 13th of March, 1961, between 10:30 and 11:00 p.m., while waiting for a bus on the corner of Kedzie and Douglas Streets in Chicago, she was grabbed around the throat from behind, pulled backwards into a passageway below the bus stop, and cautioned not to "holler." Once in the passageway she observed "two other boys" in addition to her assailant. The three took her pocketbook and change, and demanded to know her name. Then, on signal, a "car was brought up into the alley, and I was pulled out of this alley and pushed in this car." A total of six boys were in the car as it proceeded out of the alley. Defendant was one of the six occupants. She informed her captors that she was forty years of age, married, four and a half months pregnant and the mother of sons as old as they were, but "they told me they didn't want to hear this story." When the car reached a dead-end alley all of the boys but the original assailant, Sam Jones, left the car. Jones ordered her to slide down on the seat of the car and he engaged in an act of sexual intercourse with her. It was then decided by the boys that this was not a desirable location and, after some debate, all of them returned to the car and they proceeded to another location. At this latter destination, Mrs. Wells was pulled from the car by her clothing and arm, called a bad name, and led by Jones down a passageway to a dimly lit basement. In the basement there took place eight separate acts of intercourse with her by eight different persons. At one point in the ordeal she was asked to drink "peppermint schnapps," but she refused. Defendant was one of those eight attackers. At the conclusion of these attacks, Mrs. Wells was driven to her home by some of the boys. She reported the rapes to her husband, who immediately summoned the police. Approximately a week or eight days after the event, Mrs. Wells was called to the police station to view suspects in a lineup. She there identified some of her attackers, but defendant was not in the lineup.

Jeriel K. Howard

He was the police officer who placed defendant under arrest for ...


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