APPEAL from the Circuit Court of Cook County; the Hon. JAMES
J. MEJDA, Judge, presiding.
MR. JUSTICE DRUCKER DELIVERED THE OPINION OF THE COURT:
Defendant was found guilty, after a bench trial, of the offenses of rape, robbery and burglary. Judgment was entered and he was sentenced to a term of five to ten years. On appeal defendant contends: (1) that he was not proved guilty beyond a reasonable doubt; (2) that he was entitled to be discharged pursuant to the 120 day statute; and (3) that his pre-trial identification was so unfair and suggestive as to deny him due process of law.
Testimony of Claudia Alexander, complaining witness, for the State.
On June 2, 1966, she lived at 6409 South Ingleside, Chicago, Illinois, on the second floor of the three story building. Her apartment has two and one-half rooms.
On June 2nd she went to bed about 10:30 P.M. After she fell asleep she heard a squeaking noise and woke up. She lay there for a second and then heard the noise again. When she went to get up she saw a man standing over her. She screamed and he grabbed her around the throat and he said, "If you don't want to die to shut up, if you don't want to die." He jerked the cover off, tore off her two-piece pajamas, got in bed and then had intercourse with her. He was completely naked when she first saw him.
He was in the apartment three and one-half hours, from approximately 11:30 P.M. to 3:00 A.M. He had at least more than four acts of intercourse with her. During the time he was in bed with her she had a conversation with him:
"He just kept saying that he wasn't getting his kicks and asked me was I getting my kicks, and I told him no. He said, `Well, why?' I said, `Because I don't know who you are and you are not my husband.' And he say,' Well, act like I am your husband and help me to get my kicks.'"
She also asked him who he was and how he got into her apartment. He said that he came in through the window and that he lived next door. She also asked, "Well, haven't you got a wife?" And he said no, "I live there with my cousins and later they arrested my cousin's wife and she is in Gary now."
Around 3:00 A.M., after he had had intercourse with her numerous times, he said, "I am going. Give me your money." She said that she had no money. He then reached for a cigarette lighter by his clothes and took her right hand and stuck the lighter to it. He kept striking the lighter near her hand and asking for money. After her hand started to burn she told him he could have the money. She went in her dresser drawer and gave him $175 from her purse. There was a mark on her wrist, like a bruise or blister, which she identified from photographs that were taken after the attack on her.
After she gave him the money he picked up his clothes and went out of the window naked. Her bedroom window was not locked when she went to bed on June 2nd. Between her bedroom window and the adjacent apartment there is a small porch area where someone could walk.
Once her assailant left she took a bath and douches for two hours. She did not call the police until 4:00 P.M. Friday, June 3rd, because she was embarrassed and did not want to talk about the incident. After she called the police they came over and talked to her.
On cross-examination she testified that she had two children and that she had been separated from her husband for two years.
There is one main entrance for both 6407 and 6409 Ingleside. There are four apartments on each floor.
She never saw her assailant take off his clothes. During all of the time he was in the apartment there was no more light than the cigarette lighter. She did not know how many times she had intercourse. "I was so exhausted I couldn't count how many times it was. I was exhausted and was frightened."
Her assailant held the cigarette lighter to her arm, then took it back, and then put it back near her arm again. This happened for about two minutes. The lighter was going for these two minutes.
She did not see her assailant come in the window. The last time she saw him he was going out the window. She shut the window after him but she did not see where he went. He carried his bundle of clothes and the cigarette lighter in one hand and pulled the window up with the other.
After her assailant left she bathed and went to work. She never told anybody at work about the occurrence. She did not bandage her arm when she went to work and she was never taken to a doctor for an examination.
Just before she called the police on June 3rd, about 4:00 or 6:30 P.M., she told the house manager about the attack. Then she called the police and they came over and talked to her. The police stayed a long time but she could not estimate exactly how long. She went to the police station with the officers. After she came home she went right to bed. Later the same evening (Friday, June 3rd) the house manager woke her up and told her to come next door. She went next door and identified defendant as her assailant. The ...