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PEOPLE v. MILLER

No. 12556.

40 Ill. App.3d 761 (1976)

353 N.E.2d 145

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. ROBERT JESSE MILLER, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Opinion filed August 12, 1976.

Attorney(s) appearing for the Case

Richard J. Wilson and John L. Swartz, both of State Appellate Defender's Office, of Springfield, for appellant.

C. Joseph Cavanagh, State's Attorney, of Springfield (Hugh H. Rowden, Assistant State's Attorney, of counsel), for the People.

Judgment affirmed.

Mr. PRESIDING JUSTICE TRAPP delivered the opinion of the court:

Defendant appeals his conviction following a bench trial of attempted rape and his sentence of 3 to 10 years.

Upon appeal it is argued that the evidence was insufficient to prove beyond a reasonable doubt the necessary intent to commit rape, or the completion of a substantial step to commit the offense. (Ill. Rev. Stat. 1973, ch. 38, par. 8-4(a).) There is no dispute...

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