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PEOPLE v. DeFRATES

Gen. No. 49,474.

53 Ill. App.2d 277 (1964)

203 N.E.2d 188

People of the State of Illinois, Defendant in Error, v. Walter DeFrates, Plaintiff in Error.

Appellate Court of Illinois — First District, Second Division.

September 29, 1964.

Attorney(s) appearing for the Case

Alan Masters and Richard H. Devine, of Chicago, for plaintiff in error.

William G. Clark, Attorney General, of Springfield (Fred G. Leach and E. Michael O'Brien, Assistant Attorneys General, of counsel), and Daniel P. Ward, State's Attorney, of Chicago (Elmer C. Kissane and William J. Martin, Assistant State's Attorneys, of counsel), for defendant in error.

MR. JUSTICE FRIEND delivered the opinion of the court:

Defendant was charged and tried, without a jury, of the crimes of rape and deviate sexual assault. The court found him guilty of rape and sentenced him to ten to twenty-five years in the Illinois State Penitentiary.

In his nine-page brief, with three pages of argument, defendant asks for a reversal on the ground that the People failed to prove beyond a reasonable doubt that the act of intercourse was forcible...

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