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PEOPLE v. MOORE

Gen. No. 50,191.

77 Ill. App.2d 62 (1966)

222 N.E.2d 142

The People of the State of Illinois, Plaintiff-Appellee, v. Phillip Moore, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

November 17, 1966.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (Marshall A. Patner, Frederick F. Cohn and James J. Doherty, Assistant Public Defenders, of counsel), for appellant.

Daniel P. Ward, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and E. Roger Horsky, Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE DEMPSEY delivered the opinion of the court.

The defendant, Phillip Moore, who was convicted of attempt with intent to rape in a nonjury trial and sentenced to five to ten years in the penitentiary, contends in this appeal that the State's evidence was insufficient to prove him guilty beyond a reasonable doubt and that, at best, the evidence would only sustain a finding of assault, not of attempt with intent to commit rape.

The complaining witness...

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