Appeal from the Circuit Court of Cook County; the Hon. IRWIN
N. COHEN, Judge, presiding. Affirmed.
MR. JUSTICE MURPHY DELIVERED THE OPINION OF THE COURT.
In a bench trial, defendant Artie Lee Bailey, Harold Johnson and James Smith were found guilty of rape and aggravated battery. Defendant Bailey was sentenced to the penitentiary for a term of six to ten years. Defendant contends that he was not proved guilty beyond a reasonable doubt. The other two defendants are not parties to this appeal.
At about 7:30 p.m. on July 23, 1966, the prosecutrix, a 16-year-old high school junior, finished work at Mt. Sinai Hospital and met a friend, Ida Tate. At about 9:00 p.m. they encountered the three defendants, with whom they were acquainted. Later, at about 11:00 p.m., as the two girls were walking down 18th Street, defendant Bailey ran out of an alley and placed his arm around the neck of the prosecutrix and held a knife at her throat. At his direction, Ida Tate left, and the prosecutrix and Bailey proceeded to a building in the 1600 block of Hamlin. On the way Bailey and the prosecutrix were joined by defendant Smith. As Bailey and Smith were trying to enter a vacant apartment, she broke away and fled down the steps. Bailey caught her at the bottom of the stairs, ripping her blouse. Bailey punched her in the face, breaking her jaw in two places. She was dazed, partially unconscious and fell down. She was knocked out for about ten minutes and was bleeding from the mouth. When she came to, Bailey was slapping her face because of Smith's insistence that he would not have intercourse with a dead woman. About this time Johnson joined them. Bailey took off her underwear, and the three defendants had intercourse with her. Bailey and Johnson then left. She could not scream because her mouth was full of blood, and she could not get up or fight them off because she felt dazed. Smith again had intercourse with the prosecutrix, and she then asked him to let her go because she wanted to go to the hospital, and he gave her his shirt to replace her torn blouse. During the trial she identified a shirt stained with blood as the shirt Smith gave her.
The prosecutrix then went to Ida Tate's home to ask if Miss Tate's father would drive her home. Mr. Tate could not assist her because his car needed repairs. Finally a boy named Ronald helped her home.
When the prosecutrix arrived home she told her mother that "a boy had hit me and that I had been raped." This was the first time she had told anyone that she had been raped, and it was about fifteen minutes after the occurrence. Her brother took her to the Bethany Hospital, and they arrived there at about 12:30. The police were called and they took her back to the scene of the occurrence and then took her to the County Hospital. Her jaw was X rayed and wired, and she had the wires in her mouth for about eight weeks.
Defendant Bailey was brought in for identification while she was getting her mouth wired at the County Hospital. She did not say anything "because I had about thirteen or fourteen shots in my mouth." She pointed him out. Subsequent to the occurrence and before the trial, the prosecutrix received four threatening letters from defendants Bailey and Johnson.
On cross-examination the prosecutrix said she did not kiss Bailey when she met him, nor Johnson. She was not drinking that night. The weather was very warm, and people were sitting on their porches. When Bailey had the knife on her neck she thought he was playing. She and Bailey walked about one block, and there were a lot of people on the street. When she went to Ida's house she did not tell Ida nor Ida's father what happened, nor did she tell the boy who took her home.
Two police officers testified for the State. Officer Daniel C. Bronke testified that he saw the prosecutrix at the Bethany Hospital at about 1:30 in the morning. She was there with her brother. Her jaw was shattered, and she was bleeding from the mouth and was very hard to understand. She told them what had happened and named her assailants. She went with the police officers to a building in the 1600 block of Hamlin, and they went up the back stairs to the first floor. A door had been forced open in a vacant apartment. The prosecutrix pointed out the corner of the room where she had been laying. The officer saw large bloodstains on the floor that were fresh and still wet. There were no liquor bottles of any kind in the room.
Officer James Griffin testified that he was assigned to the Homicide-Sex Unit. He saw the prosecutrix about 3:50 in the morning. He spent about twenty minutes with her and did not notice anything unusual or odors. She seemed sober and in great pain. Her face was swollen, and there was blood around her mouth. She named her three assailants. He arrested Bailey on July 24 at about 8:00 a.m. and Smith and Johnson on July 30.
The defense witnesses included Ida Tate. She and the prosecutrix were friends and had been together on July 23, 1966. During the evening they had a half-pint bottle of Seven Crown, and they each drank half of it. She saw the prosecutrix kiss Johnson and Bailey. At about eleven o'clock she and the prosecutrix were walking down Hamlin, when they met Bailey. He asked the prosecutrix for his knife, and she gave it to him. "He put his arm around her neck, and they were walking back towards Hamlin. Neither one of them seemed upset or anything, because she didn't say he was doing anything to her. They were walking along, just like they was earlier." Later, at the Tate home, she saw the prosecutrix crying, and she went home.
Defense witness Willie Bailey testified that defendant Bailey was his brother, and that he had spent the evening in a parked car with Willie and some other fellows. At about eleven o'clock defendant Bailey left the car to find the prosecutrix. He did not find her and shortly returned to the car where he stayed until 11:30. Willie stated he had seen the prosecutrix at about 6:00 p.m. that evening. He smelled alcohol on her breath, and she was leaning up against a wall.
The three defendants testified and each denied having sexual intercourse with the prosecutrix. They saw her during the evening, and Johnson said "she acted like she was high, because she was hollering up and down the street and laughing." Smith saw defendant Bailey on Hamlin with the prosecutrix, but he did not see Bailey with a knife. Smith was shown the shirt which the prosecutrix said he gave her, and he denied that it was his. Bailey and Smith both denied striking the prosecutrix.
In rebuttal, Officer Bronke testified that when he saw the prosecutrix at 1:30 on the morning of July 24, and while she was in the squad car with him, he noticed no odor of alcohol, and she showed no signs of intoxication and her brother helped her walk.
Defendant contends that the testimony of the prosecutrix was not sufficiently clear and convincing to lead to an abiding conviction of guilt because there was no adequate corroboration, no medical report, no resistance nor outcry, and the threatening letters ...