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THE PEOPLE v. McKINZIE

No. 34735.

18 Ill.2d 44 (1959)

163 N.E.2d 1

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. JAMES McKINZIE, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed December 16, 1959.

Attorney(s) appearing for the Case

GEORGE B. COLLINS, and J.C. DOWBEN, both of Chicago, for plaintiff in error.

LATHAM CASTLE, Attorney General, of Springfield, and BENJAMIN S. ADAMOWSKI, State's Attorney, of Chicago, (FRED G. LEACH, and WILLIAM H. SOUTH, Assistant Attorneys General, and FRANCIS X. RILEY, Assistant State's Attorney, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE BRISTOW delivered the opinion of the court:

James McKinzie was convicted in the criminal court of Cook County of raping a twenty-eight-year-old married lady. The jury fixed the penalty at life imprisonment. He seeks reversal of the judgment entered on that verdict, claiming that he was not guilty of rape, but rather just plain commercial adultery. The prosecuting witness relates one story and the defendant a completely different...

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