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THE PEOPLE v. JOHNSON

No. 36256.

23 Ill.2d 465 (1961)

178 N.E.2d 878

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. CHARLES JOHNSON, Appellant.

Supreme Court of Illinois.

Modified on motion January 16, 1962.

Attorney(s) appearing for the Case

THOMAS P. SULLIVAN, of Chicago, for appellant.

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and JOHN T. GALLAGHER and JAMES R. THOMPSON, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

A jury found the defendant, Charles Johnson, guilty of the crime of rape and fixed the term of his imprisonment at fifteen years. Upon this appeal he urges that the State failed to prove his guilt beyond a reasonable doubt and that the trial court erred in the admission and exclusion of evidence, in instructing the jury and in permitting the jury to fix his sentence.

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