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PEOPLE v. EVANS

Gen. No. 52,342.

113 Ill. App.2d 38 (1969)

251 N.E.2d 751

People of the State of Illinois, Plaintiff-Appellee, v. Frank Evans, Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

July 2, 1969.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (James J. Doherty, Assistant Public Defender, of counsel), for appellant.

Edward V. Hanrahan, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and Richard Trais, Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE MURPHY delivered the opinion of the court.

In a bench trial, defendant Frank Evans was found guilty of "attempt rape" (Ill Rev Stats, c 38, § 8-4). He was sentenced to the penitentiary for a term of five to twelve years. On appeal defendant contends that he was not proved guilty beyond a reasonable doubt because the testimony of the complaining witness was neither clear and convincing nor substantially...

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