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PEOPLE v. McCANN

No. 78-282.

76 Ill. App.3d 184 (1979)

394 N.E.2d 1055

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. DONALD LEE McCANN, Defendant-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed September 17, 1979.

Attorney(s) appearing for the Case

Mary Robinson and Elizabeth Clarke, both of State Appellate Defender's Office, of Elgin, for appellant.

J. Michael Fitzsimmons, State's Attorney, of Wheaton (Robert L. Thompson, Assistant State's Attorney, of counsel), for the People.

Affirmed in part and reversed in part.

Mr. JUSTICE NASH delivered the opinion of the court:

Defendant, Donald McCann, was convicted of rape (Ill. Rev. Stat. 1975, ch. 38, par. 11-1) and unlawful restraint (Ill. Rev. Stat. 1975, ch. 38, par. 10-3), and sentenced to 10 years imprisonment for rape and 18 months for unlawful restraint, to be served concurrently. On appeal he contends: (1) the evidence was insufficient to prove him guilty of rape; (2) he was denied...

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