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PEOPLE v. SECRET

No. 63151.

369 N.E.2d 1329 (1977)

54 Ill. App.3d 917

12 Ill.Dec. 315

PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Charles E. SECRET, Defendant-Appellant.

Appellate Court of Illinois, First District, Second Division.

November 8, 1977.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, Chicago (James H. Reddy, Asst. Public Defender, Chicago, of counsel), for defendant-appellant.

Bernard Carey, State's Atty., Chicago (Renee G. Goldfarb, Jerome A. Saxon, Chicago, of counsel), for plaintiff-appellee.

DOWNING, Presiding Justice.

This appeal presents the classical issue in many rape cases, consent vs. force. Following a jury trial, the defendant was found guilty of rape (Ill.Rev.Stat.1973, ch. 38, par. 11-1) and deviate sexual assault (Ill.Rev. Stat.1973, ch. 38, par. 11-3), but not guilty of aggravated kidnapping. Defendant was sentenced to not less than 7 nor more than 21 years. The critical issue is whether the evidence established defendant's guilt beyond a...

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