PEOPLE v. DARBY

No. 76-551.

58 Ill. App.3d 294 (1978)

374 N.E.2d 229

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. OATES BERNARD DARBY, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed March 22, 1978.


Attorney(s) appearing for the Case

Ralph Ruebner and Alan D. Goldberg, both of State Appellate Defender's Office, of Elgin, for appellant.

Daniel D. Doyle, State's Attorney, of Rockford (Phyllis J. Perko and Martin P. Moltz, both of Illinois State's Attorneys Association, of counsel), for the People.


Judgment affirmed.

Mr. JUSTICE GUILD delivered the opinion of the court:

The defendant herein was charged with rape (Ill. Rev. Stat. 1975, ch. 38, par. 11-1), and indecent liberties with a child (Ill. Rev. Stat. 1975, ch. 38, par. 11-4(a)(1)), based upon the same act which occurred on December 4, 1975. Prior to his trial the defendant made a "motion to elect count" which was treated by all concerned as a motion for a severance of counts. This motion alleged...

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