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PEOPLE v. GABLER

Gen. No. 68-116.

111 Ill. App.2d 121 (1969)

249 N.E.2d 340

People of the State of Illinois, Plaintiff-Appellee, v. Robert Gabler, Defendant-Appellant.

Appellate Court of Illinois — Second District.

June 20, 1969.

Attorney(s) appearing for the Case

Thomas C. Kelleghan, of Wheaton, for appellant.

William V. Hopf, State's Attorney of DuPage County, of Wheaton (Helen C. Kinney and Joseph M. Laraia, Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE ABRAHAMSON delivered the opinion of the court.

The defendant was tried on a two-count indictment for the crimes of rape and aggravated battery. Count I of the indictment charged Gabler with the offense of rape in that he had sexual intercourse with "... Nancy G. Stephenson, a female person, not his wife, by force and against her will...." Count II charged him with the offense of aggravated battery in that he "did strike and hit Nancy G. Stephenson about...

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