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PEOPLE v. SMITH

No. 76-262.

44 Ill. App.3d 663 (1976)

358 N.E.2d 736

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. EDMOND L. SMITH, Defendant-Appellant.

Appellate Court of Illinois — Third District.

Opinion filed December 31, 1976.

Attorney(s) appearing for the Case

Robert Agostinelli, of State Appellate Defender's Office, of Ottawa, for appellant.

William K. O'Connor, State's Attorney, of Cambridge, for the People.

Affirmed in part, and reversed in part and remanded.

Mr. JUSTICE BARRY delivered the opinion of the court:

After a bench trial in the Circuit Court of Henry County, the defendant was convicted of one count of rape and one count of indecent liberties with a child. Both counts of the indictment were based on a single act of sexual intercourse on the same complainant, on the same day and at precisely the same time. Nevertheless, the defendant was convicted of...

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