Appeal from the Circuit Court of Cook County; the Hon. NATHAN
M. COHEN, Judge, presiding. Affirmed.
MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.
Rape. (Ill Rev Stats (1963), c 38, § 11-1.)
After a jury trial, defendant was found guilty and sentenced to a term of 20 to 40 years.
(1) The evidence did not prove defendant guilty beyond a reasonable doubt.
(2) Defendant was denied a fair trial by the introduction of evidence of other crimes and of defendant's silence in the face of purported accusations.
(3) The mitigation hearing was inadequate.
(4) The sentence was excessive.
Prosecutrix, for the State
She was nineteen years old and a second-year student at the University of Chicago, living on campus and employed part time in the University art library located on the fourth floor of Goodspeed Hall. She brought some lunch with her to work, and never left the building to go out for lunch.
On Sunday, May 16, 1965, she went to the library at 1:00 p.m. and opened it for the use of any students who might care to study there. Being Sunday, there was no one in the building except three or four girls studying in the library.
After working for about twenty minutes, she left the library for the nearest women's rest room, which was on the second floor. While descending the stairs, she noticed a negro man, whom she had never seen before (later identified in court as defendant), ascending the stairs from the first floor. Thinking his presence there strange on a Sunday afternoon, she decided that if he were going to the library, she should be there to attend it. She asked him what he was doing there. He replied by asking if the library were open. She said yes, and ascended the stairs with him, inquiring if she might be of assistance. As she passed ahead of defendant, he grabbed her from behind, put his hand tightly over her mouth and nose, and produced a knife which he held in front of her eyes. The blade of the knife was thin and pointed and about a foot long. Defendant was approximately six feet tall and weighed about 190 pounds. She was five feet, five inches tall and weighed 117 pounds.
With his hand over her mouth, defendant then forced her down the stairs to the second floor and into the women's rest room, the whole time holding the knife in front of her so she could see it, and warning her not to scream. He told her that if she did what he told her to do, he wouldn't hurt her. Then he forced her into a toilet stall and locked the door behind him. He started to unbutton her blouse, so, to avoid injury, she removed her blouse and skirt. He then placed the knife in his belt and forced her to submit to two different oral-genital acts. Again he drew the knife to force her cooperation, and told her to keep her eyes closed so she wouldn't remember him. At that point, a woman entered the washroom, and the defendant put his feet up on the toilet seat so that his presence would not be observed. When the woman left, defendant again displayed the knife, and had intercourse with the prosecutrix. After the act, she dressed, and he told her not to report the incident to the police because he knew where she worked and he would return to harm her. He then asked for her telephone number. Being afraid not to do what he said, she gave him the dormitory number where she lived, knowing that the one number was for about 300 girls. Defendant told her to remain in the rest room for five minutes, and he then left. During the whole incident she ...