Appeal from the Circuit Court of Cook County; the Hon. HERBERT
R. FRIEDLUND, Judge, presiding. Reversed.
MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.
MR. JUSTICE ENGLISH delivered the opinion of the court.
Rehearing denied and supplemental opinion October 9, 1968.
There was a preliminary competency hearing at which a jury found defendant to be sane. After a bench trial, defendant was found guilty of rape and sentenced to a term of 15 to 30 years.
(1) The evidence was insufficient to establish guilt.
(2) At the pretrial hearing a verdict of incompetency should have been directed by the court.
(3) The competency hearing was not fair.
(4) The sentence was excessive.
Billie Jean Richardson, for the State.
She was married on June 10, 1960, and at the time of her testimony in December, 1965, had three children aged 5, 4 and 1, the youngest born by Caesarian section on December 8, 1964. The last time she had lived with her husband was in 1962, having lived since then with her mother and sister. *fn1 She "really wasn't divorced," although she remembered testifying before the grand jury that she was divorced.
She had not known defendant before January 9, 1965, *fn2 when, at 2:30 a.m., she was walking alone down a well-lighted street. Three men (one of whom she identified as defendant) came up and started beating her. One man threw something at her face which exploded and got in her eyes. They dragged her into a gangway and beat her on the face and head. All three had knives. Further,
I told Ellsworth Brown that I just had a Caesarian operation. The other two men then left. Brown walked me down the street to a courtway building. I did not try to escape, because he had a knife. . . . When he got me down to this gangway, he snatched the bandages off of my stomach. *fn3 I was fully dressed; coat, skirt, blouse and sweater. I also was wearing a slip, bra and panties. Before he raped me, he showed me a white business card. I saw the letters "G, L, U" and the word "Clinic" on it. . . . In the courtway building, he had a knife against my neck and he had me against the wall in a dark space. A cabdriver came back and asked if anyone called a cab. We didn't say anything.
The cabdriver hollered up the stairway, but nobody answered so he went back. All the time the cabdriver was present, defendant was holding her with one hand and was holding a knife to her neck with the other. He also had the knife against her neck when he took out his wallet. ...