Appeal from the Appellate Court for the Fourth District; heard
in that court on appeal from the Circuit Court of Vermilion
County, the Hon. Frank J. Meyer, Judge, presiding.
MR. CHIEF JUSTICE GOLDENHERSH DELIVERED THE OPINION OF THE COURT:
Rehearing denied February 1, 1980.
In a bench trial in the circuit court of Vermilion County defendant, Stanley Tyler, was convicted of rape and armed robbery and sentenced to the penitentiary for concurrent terms of not less than 8 nor more than 16 years. The appellate court reversed the rape conviction and remanded the cause for resentencing for the armed robbery. (66 Ill. App.3d 1017.) We allowed the People's petition for leave to appeal. In reversing the judgment the appellate court held that defendant was not accountable for the rape for the reason that there was insufficient evidence to prove beyond a reasonable doubt that he intended to promote or facilitate the rape. 66 Ill. App.3d 1017, 1019.
At approximately 4:30 p.m. defendant, Johnny Wilson, and Kevin Taylor approached a residence at the end of a secluded road in Vermilion County. They parked their automobile approximately 1 1/2 blocks from the house; Wilson removed a loaded shotgun from the trunk, and after loading a rifle, handed it to defendant. Each of the three men placed a stocking mask over his head.
They walked toward the residence and upon encountering the complainant toward the rear of the house, Wilson announced, "This is a stick up." She did not resist, and she, Wilson, and defendant entered the house. Kevin Taylor entered the house several minutes later.
The complainant testified that the man with the shotgun followed her into the living room of the house, then searched the billfold of her purse. He ordered her to walk down the hallway toward the back of the house to the master bedroom, and shortly after they entered the master bedroom he forced her to submit to an act of sexual intercourse. Taylor testified that when he entered the house defendant was in the living room. He asked where Wilson was, and defendant, indicating the bedroom, replied that he "went back there." Taylor went to the bedroom and, as he looked into the room, saw Wilson and the complainant dressing. Taylor testified that defendant warned that an automobile had pulled into the driveway of the complainant's home and the three men fled.
A typewritten statement, signed by defendant, admitted into evidence, reads in part:
"Q. When you got to this house what happened?
A. We were in the woods and then the dog came down and the lady came behind him, then Johnny put the gun on this lady, and Johnny told her to get the dog. Johnny and her then walked up to the house, and Kevin followed them and I went around to the back of the house. I waited for 2 or 3 minutes and Johnny came and let us in. Johnny and Kevin and this lady were in the front room talking and then Johnny took this lady back to the bedroom, and so Kevin stayed in the front room.
Q. While you and Kevin were in the front room what was Johnny doing?
A. I think he was raping her.
Q. Why do you think this?
A. When Johnny took her back there he closed the door and I could hear her mumbling something. Kevin went back there to see what he was doing. Johnny and the lady were pulling up their clothes."
Dennis Hailey, an investigator for the Vermilion County Criminal Investigation Team who took the statement from defendant, testified that defendant also said that when Wilson took the complainant into the ...