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THE PEOPLE v. DeFRATES

No. 39107.

33 Ill.2d 190 (1965)

210 N.E.2d 467

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. WALTER DeFRATES, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed September 28, 1965.

Attorney(s) appearing for the Case

ALAN MASTERS and RICHARD H. DEVINE, both of Chicago, for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and WILLIAM MARTIN and ELMER C. KISSANE, Assistant State's Attorneys, of counsel,) for the People.

Judgments reversed.

Mr. JUSTICE UNDERWOOD delivered the opinion of the court:

After a bench trial in the criminal court of Cook County, the defendant, Walter DeFrates, was found guilty of rape and sentenced to the penitentiary for a term of 10 to 25 years. The appellate court, with one justice dissenting, affirmed the judgment of conviction, (53 Ill.App.2d 277,) and we have granted defendant's petition for leave...

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