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THE PEOPLE v. KING

No. 36093.

24 Ill.2d 409 (1962)

182 N.E.2d 194

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. BERTRAND LEO KING, Plaintiff in Error.

Supreme Court of Illinois.

Rehearing denied May 23, 1962.

Attorney(s) appearing for the Case

LEWIS R. GINSBERG, of Chicago, appointed by the court, for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH and E. MICHAEL O'BRIEN, Assistant Attorneys General, and JOHN T. GALLAGHER and RUDOLPH L. JANEGA, Assistant State's Attorneys, of counsel,) for the People.

Reversed and remanded.

Mr. JUSTICE KLINGBIEL delivered the opinion of the court:

A jury found the defendant, Bertrand Leo King, guilty of the crime of rape and fixed the term of his imprisonment at 199 years. Upon this appeal he urges (1) that there is not sufficient evidence that the complaining witness used any of the physical means within her power to resist the alleged rape or that the alleged rape was otherwise against her will; (2) that his alleged statement...

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