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PEOPLE v. PORTER

Gen. No. 50,265.

70 Ill. App.2d 438 (1966)

217 N.E.2d 350

People of the State of Illinois, Plaintiff-Appellee, v. Clarence Porter, Defendant-Appellant.

Appellate Court of Illinois — First District, Fourth Division.

May 13, 1966.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (Thomas P. Cawley 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 James B. Klein, Assistant State's Attorneys, of counsel), for appellee.

MR. PRESIDING JUSTICE DRUCKER delivered the opinion of the court.

The defendant, Clarence Porter, was found guilty of rape after a bench trial and was sentenced to the penitentiary for a term of not less than five nor more than twelve years. In this appeal defendant contends that the element of force was not established and that his identification was not sufficiently positive.

The complaining witness, Della Beasley, testified and stated that she was nine...

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