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PEOPLE v. COWSETTE

Gen. No. 52,954.

119 Ill. App.2d 418 (1970)

256 N.E.2d 25

People of the State of Illinois, Plaintiff-Appellee, v. Larry James Cowsette, Defendant-Appellant.

Appellate Court of Illinois — First District, First Division.

January 19, 1970.

Attorney(s) appearing for the Case

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

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

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

The defendant, Larry James Cowsette, was found guilty after a bench trial, of the crime of rape and sentenced to a term of five to fifteen years in the penitentiary. It is contended on appeal that the identification procedure was so unnecessarily suggestive and conducive to mistaken identity as to deny defendant due process of law.

The evidence discloses that Caroline Ballinger was visiting her...

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