APPEAL from the Circuit Court of Cook County; the Hon. PHILIP
ROMITI, Judge, presiding.
MR. PRESIDING JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:
Rape. Ill. Rev. Stat. 1967, ch. 38, par. 11-1.
After a trial by jury, both defendants were found guilty; Carter, who was 19 years old, was given a sentence of four to seven years, and Price, who was 16 years old, was committed to the Illinois Youth Commission for a term not to exceed the maximum term for the offense of rape.
CONTENTIONS RAISED ON APPEAL
The defendants were not proven guilty beyond a reasonable doubt. In support of this point, defendants make the following contentions:
(a) The trial court improperly denied defendants' motion to suppress the in-court identifications which were tainted because (1) defendants had not been assigned an attorney at the time of a hospital identification (there was no line-up), and (2) there was no determination that the identifications had an independent source.
(b) The testimony of the victim was not sufficiently clear and convincing, nor was it adequately corroborated.
(c) The alibi tendered by defendants should not be disregarded where the identification of defendants is unsatisfactory.
Equilla Jackson, for the State:
At the time of the trial, she was single, 20 years old, lived with her mother, and had one child two years old. At approximately 10:30 P.M. on July 16, 1968, she and her boyfriend, Willie Evans, went to Douglas Park. They were sitting on a blanket listening to a portable radio when a boy came up and asked if they had seen anyone pass with a dog. He came back ten minutes later and asked the same question. He was standing six or seven feet away for three or four minutes when he asked the question, was wearing bright gym shoes, dark pants and a dark shirt. At the trial, she identified defendant Carter as this boy. The boy left and returned a third time, this time accompanied by another boy and a dog. Evans told them to move the dog and they replied that the dog would not bite. After 15 or 20 minutes, the boys left. She identified the second boy as defendant Price, whom she had seen two or three times a week for four weeks around the Harrison High School prior to that night.
She and Evans remained sitting, and 15 minutes later the boys and dog returned. The boys "put the dog on them," saying "sic em." As they tried to get up and leave, Price told them to sit where they were. They sat down. Evans then broke loose and started running, being chased by Carter and the dog. She was going to run, but tripped over the radio. When she tried to get up, Price pushed her down, held her hands, and pulled her panties down as she struggled. He then had intercourse with her. Carter then returned and performed the same act while Price held the dog. When she had started hollering, Carter pulled out an eight-inch knife and threatened her. He punched her before leaving.
After they left, she folded the blanket, fixed her clothing, and took her radio. She was nervous and heard Evans calling for her. Evans came back with police about 25 minutes after leaving, and she gave them a description of the boys. She then got in the car with the police and drove around looking for the boys before they took her to Mt. Sinai Hospital where she was examined by a woman doctor for about one hour. She had bruises on her face where Carter punched her. She identified her panties (later introduced in evidence) upon which were two rips which had not been there when she had left home on the night in question.
While she was in the hospital she saw defendants in her room. The police asked her to identify the boys as her attackers, and she did.
Willie Evans, for the State:
He corroborated the testimony of Miss Jackson concerning their meetings with defendants in the park. He identified both of them in court. In addition, he said that the dog was large, either a German Shepherd, Boxer, or mix. About 40 or 50 feet from where they were sitting was a building with a light on it. They could also see the street lights on Ogden Avenue. He was able to see the faces of the defendants. When they returned with the dog a second time, he stood up, and one of the boys said, "You are not going any place." The witness said, "Come on, Equilla, let's leave." Carter then came up behind him with the dog and he began to run, being chased to Ogden and Marshall Boulevard by Carter and the dog. He flagged down some people in a car, but they would not help him. He then flagged down some plainclothes policemen. He told them what was happening, and ran back into the park with the police. They found Miss Jackson, who was fixing her clothes. He rode through the area with the police and Miss Jackson, and they gave a description of the boys to the police. The boys were teen-agers, and he noticed the way they were dressed, and their faces. One of them had a process hair-do.
Officer Raspberry, for the State:
On July 16, 1968, he was on duty with his partner, Dennis Fencl. They were in plain clothes in a car when he saw Willie Evans in the middle of the street at Marshall Blvd. and Ogden Avenue. After having a conversation with him, they followed him into the park where they saw Equilla Jackson. She was walking toward Marshall Blvd. from the park, pulling her pants up. Her hair was in disarray. She said she had just been raped, and was in a great emotional state. She was disturbed and could not talk at the time. They all went through the park looking for the offenders before taking Miss Jackson to the hospital.
After getting a description of the offenders, he and his partner went back to the park area where they saw two suspects who fit the description given by Miss Jackson. They were standing in front of a house and had a brown dog with them that looked like a Boxer. They placed the two men, identified as defendants, under arrest at that time. Carter was wearing a black sweatshirt, dark pants, and white gym shoes. Price was wearing dark pants and white shirt, and had long processed hair, as Miss Jackson had described. The dog ran away. At the police ...