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PEOPLE v. PAYTON

Gen. No. 65-95.

72 Ill. App.2d 240 (1966)

218 N.E.2d 518

People of the State of Illinois, Plaintiff-Appellee, v. Kelly Payton, Jr., Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

June 29, 1966.

Attorney(s) appearing for the Case

Kassly, Weihl, Carr & Bone, of East St. Louis (Donald E. Weihl, of counsel), for appellant.

John M. Karns, Jr., State's Attorney of St. Clair County, of Belleville (John F. O'Connell, Assistant State's Attorney, of counsel), for appellee.

MORAN, J.

Defendant appeals from a conviction of rape in the Circuit Court of St. Clair County, Illinois.

He contends that the evidence does not support a finding of guilt beyond a reasonable doubt, that the court erred in allowing rebuttal evidence alleged to be hearsay, and that the People's rebuttal argument was prejudicial.

The complaining witness, Mrs. Jessie Beard, testified that on April 15, 1963, she attended a dance with her husband. At the...

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