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PEOPLE v. MURPHY

Gen. No. 53,937.

124 Ill. App.2d 71 (1970)

260 N.E.2d 386

People of the State of Illinois, Plaintiff-Appellee, v. Ben Murphy, Defendant-Appellant.

Appellate Court of Illinois — First District, Second Division.

April 21, 1970.

Attorney(s) appearing for the Case

Leonard Karlin and Edward H. Steinlauf, of Chicago, for appellant.

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

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

The defendant had been indicted for committing the crime of rape, and was tried in the Circuit Court of Cook County without a jury. The only issue presented is whether defendant was proved guilty by clear and convincing evidence. Ill Rev Stats 1965, c 38, § 11-1, defines rape as follows: "(a) A male person of the age of 14 years and upwards who has sexual intercourse with a female, not his wife...

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