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THE PEOPLE v. ELDER

No. 36211.

25 Ill.2d 612 (1962)

186 N.E.2d 27

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. DAVID LEE ELDER, Plaintiff in Error.

Supreme Court of Illinois.

Rehearing denied November 29, 1962.

Attorney(s) appearing for the Case

DOUGLAS G. BRACE, 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 JAMES R. THOMPSON, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

Defendant David Lee Elder was found guilty of rape in a jury trial in the criminal court of Cook County and was sentenced to a term of twenty years in the penitentiary. He now brings this writ of error to review his conviction.

The prosecuting witness testified that as she was walking home at about 5:45 P.M. on December 19, 1959, defendant accosted her and told her to keep walking...

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