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People v. Carter

MAY 26, 1967.

PEOPLE OF THE STATE OF ILLINOIS, DEFENDANT IN ERROR,

v.

CLEOTHA CARTER, PLAINTIFF IN ERROR.



Writ of error to the Criminal Court of Cook County; the Hon. LESLIE E. SALTER, Judge, presiding. Affirmed.

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

OFFENSE CHARGED

Rape. *fn1

DEFENSE AT TRIAL

The act committed was neither forcible nor against the will of the prosecutrix.

JUDGMENT

After a bench trial, the court found defendant guilty and imposed a sentence of twelve years.

POINTS RAISED ON APPEAL *fn2

(1) The evidence was insufficient, since there was no corroboration of the material elements of force and lack of consent.

(2) The requisite mental capacity and intent were not established.

EVIDENCE

Testimony of State Witnesses

Prosecutrix, Mrs. Bernetta Mann

At about noon on July 30, 1961, she was in the bedroom of her apartment with Charles Smith when she heard a loud bang on the front door. She jumped from bed, put on a skirt and ran into the front room where she saw defendant with a broken beer bottle in his hand. He said he was looking for Melvin Harris, whom he intended to kill. Mrs. Mann picked up the telephone to call her mother, but put it down on defendant's order and threat that he would stab her with the beer bottle which he held close to her face. She ran into ...


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