APPEAL from the Circuit Court of Cook County; the Hon. HERBERT
C. PASCHEN, Judge, presiding.
MR. PRESIDING JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:
Defendant was found guilty in a jury trial of the crimes of rape and attempt (robbery) and was given concurrent sentences of 10 to 15 years.
On appeal defendant contends that error occurred in the trial court in that:
(1) the court admitted evidence of an independent and distinct criminal offense;
(2) the assistant state's attorney, in the presence of the jury, prejudicially tendered to defense counsel unrequested police reports of statements of the complaining witness; and
(3) defendant was insufficiently identified as the perpetrator of the crime.
The State's witnesses included the following.
Dorothy Marbury testified that at approximately 7:00 P.M. on January 11, 1964, she returned to the apartment building at 1119 North Cleveland in Chicago where she resided with her husband and children. She pressed the call button for the elevator serving the even-numbered floors and observed a man press the button for the odd-numbered floor elevator. When she entered the elevator which she had called she pressed the fourteenth floor button. Before the door closed the man, whom the witness identified as defendant, also stepped into the elevator. As the elevator began to ascend defendant turned the elevator switch off. Defendant then directed the witness to raise her arms. He reached into her coat pocket and her brassiere and demanded her wallet. She told him that she had no wallet and he said that he would kill her if she did not have a wallet. He took a pocket knife from her pocket and opened it. The man then put the knife to her neck and ordered her to remove her clothing. She refused and was again threatened. She then removed her clothing. She struggled with the man when ordered to lie down but complied when the man again put the knife to her throat and said he would kill her. The witness layed down on the man's dark gray car coat which she identified as People's Exhibit No. 1.
Defendant then held the knife to the witness' throat and forced her to have intercourse with him for approximately twenty minutes during which he failed to have an ejaculation. Defendant then attempted to force the witness to perform an act of oral copulation. She struggled with him in an effort to turn on the elevator and he cut her right little finger. He then forced her to lie down and again had intercourse with her for approximately twenty-five minutes at which time he had an ejaculation.
The witness stated that the man wore a blue knit shirt and two pairs of pants, one dark brown and one black. She also observed that he had blood on the lining of this coat. During the approximately one and one-half hours after the man stopped the elevator and during which she was confined in the elevator with him the alarm bell was constantly ringing.
After defendant left the elevator the witness rode to the fourteenth floor where she went to the apartment of her friend, Ophelia Gilbert. Ophelia Gilbert took her to a nearby apartment where a telephone was available and called the police. The witness did not know the people in the apartment nor did she speak with them. The police came and she described the rapist to them as a heavy man about five feet six inches to six feet tall. She added that he "talked funny and had real funny eyes." She also told the officers that the man wore a brown trench coat or car coat, brown corduroy hat and blue shirt with dark brown pants and that the lining of his coat was blood stained. The police officers took her to Henrotin Hospital where stitches were taken in her finger and she was examined.
On January 19, 1964, she went to the Chicago Avenue Police Station. She saw six men in a line-up from which she identified defendant as the man who had raped her. Defendant wore the same coat with a bloodstained lining that he had worn the day she was raped.
Ophelia Gilbert testified that on the night of January 11, 1964, Dorothy Marbury brought her children to the witness' apartment and left them there sometime before 7:00 P.M. The next time the witness saw Mrs. Marbury was about 8:35 P.M. She stated that while Mrs. Marbury was gone she heard the elevator bell ringing but paid no attention to it because children frequently played with the elevator and she was used to hearing the bell ring. When Mrs. Marbury returned to the apartment she was crying, her clothes were wrinkled, and her hand was cut and bleeding badly and wrapped in a white sweater. The witness then took Mrs. Marbury to a neighbor's apartment where she telephoned the police. The people in the apartment did not ask questions about what happened.
Dominic Panteleo testified that he was a Chicago Police Officer. On January 11, 1964, he and Officer Mackin received a call directing them to a rape victim at 1119 North Cleveland. They went to Mrs. Marbury's apartment and spoke with her. She described the rapist as a Negro about five foot ten, 160 pounds, medium build, ruddy complexion wearing a brown knitted cap, dark gray car coat and dark ...