Appeal from the Circuit Court of Cook County; the Hon. DAVID
CERDA, Judge, presiding. Reversed.
MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.
Contributing to the sexual delinquency of a child. Ill Rev Stats 1967, c 38, § 11-5(a) (3).
After a bench trial, defendant was found guilty as charged and admitted to probation for one year, the first 60 days to be spent in the House of Correction.
CONTENTION RAISED ON APPEAL
The evidence did not prove defendant guilty beyond a reasonable doubt.
Vernessa Long, for the State:
She is twelve years old and in the sixth grade. She lives at 4379 South Lamon. On November 30, 1968, she saw defendant and his friend, Eddie Redwood, at defendant's home at 1926 South Kedzie. She had seen defendant before that day, at her girl friend's house, 4304 South Cicero, but didn't know him well. The incident occurred at defendant's home. She and Amy (age 17) went there together. Amy saw the two boys and "we was walking and then Devery had called Amy and Amy went over there and I was right behind and then Amy had went in the basement with Eddie," but Vernessa stayed outside. Then defendant dragged her in. Amy was with Eddie Redwood in the basement. Witness had never been in that basement before.
Defendant asked her if she wasn't "going to give him some." She said no. Defendant then pulled down her shorts and panties, unzipped his pants, and "stuck hisself" in her. This happened "around about 12:30 in the morning or afternoon, at night."
Witness did not go home that night (Friday); rather, Amy "went and got" someone named Curtis, and the witness stayed overnight with him at his friend's house. She went home Saturday morning. She did not tell her mother about what had happened until the following Tuesday, although she had been home with her for three days. Her sister found out about it from a girl friend and asked the witness about it. This was on Tuesday and she then told her mother, who sent the witness to see a Dr. Miller. She was hesitant to tell anyone before that time because defendant had slapped her and told her not to tell anyone.
Devery Bryant, defendant, on his own behalf:
On the night in question, he was at 4304 South Cicero, where "we was visiting a girl named Carolyn Schackleford's house and we was over there until around 12:00, 12:00 or 1:00." The complaining witness and Amy were there. Amy's mother had been calling for her telling her to come home, ...