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PEOPLE v. EDMONDS

No. 78-1800.

79 Ill. App.3d 33 (1979)

398 N.E.2d 230

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOHN EDMONDS, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Opinion filed November 30, 1979.

Attorney(s) appearing for the Case

Ralph Ruebner and Michael Mulder, both of State Appellate Defender's Office, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr and Iris E. Sholder, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

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

Defendant, in this appeal from an order granting the State's motion to dismiss his petition for post-conviction relief, contends he was improperly denied an evidentiary hearing.

Defendant was tried and convicted of rape in 1974.1 At trial, the complainant testified that at approximately 11:50 a.m. on October 18,

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