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People v. Fritz

OPINION FILED FEBRUARY 20, 1981.

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

LARRY FRITZ, APPELLANT.



Appeal from the Appellate Court for the Second District; heard in that court on appeal from the Circuit Court of Kane County, the Hon. John A. Krause, Judge, presiding.

MR. JUSTICE CLARK DELIVERED THE OPINION OF THE COURT:

The defendant, Larry Fritz, was charged by indictment with three counts of committing indecent liberties with a child (Ill. Rev. Stat. 1975, ch. 38, par. 11-4). One count was dismissed prior to trial for lack of venue. After a jury trial in the circuit court of Kane County, the defendant was convicted of the remaining two counts. He was sentenced to 5 to 10 years in prison on one count only. The court declined to impose sentence on the other count, but ordered the guilty verdict to stand. Defendant's post-trial motion was denied. On appeal, the Appellate Court for the Second District affirmed. (77 Ill. App.3d 1.) We allowed the defendant's petition for leave to appeal. 73 Ill.2d R. 315.

The defendant and his wife, Mary Fritz, spent the summer of 1976 sharing an apartment with a married couple and the couple's children. On Saturday evening, August 14, 1976, Mary was baby-sitting for the children while the children's parents were away for the weekend. One of the children, 14-year-old Randy, was in his room working on his model cars. It was alleged that the defendant entered the room at approximately 8 p.m., and began to help Randy work on the cars. The defendant then allegedly committed the acts of deviate sexual conduct. At or near 8:45 p.m., the defendant left Randy's room.

During the direct examination of the defendant's wife, Mary Fritz, the following occurred:

"Q [defense counsel]: Okay. Now, earlier on Saturday at any time did your husband leave the house?

A. He left Saturday morning.

Q. About what time did he leave?

A. About 10:00, 11:00 in the morning.

Q. What time did he then come back, if he did?

A. I don't know what time he came back.

Q. Was he back before 6:00 o'clock?

A. Yes.

Q. Then did he leave ...


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