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PEOPLE v. WITHERSPOON

No. 77-1825.

69 Ill. App.3d 391 (1979)

388 N.E.2d 1

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JOSEPH L. WITHERSPOON, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Rehearing denied March 14, 1979.

Attorney(s) appearing for the Case

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

Bernard Carey, State's Attorney, of Chicago (Paul P. Biebel, Jr., Stuart D. Gordon, and James F. Henry, Assistant State's Attorneys, of counsel), for the People.

Judgment affirmed.

Mr. JUSTICE O'CONNOR delivered the opinion of the court:

Joseph L. Witherspoon (defendant) was charged with rape, deviate sexual assault and three counts of aggravated kidnapping. The State dismissed the deviate sexual assault and aggravated kidnapping with intent to commit deviate sexual assault charges and proceeded to trial on the remaining counts. After a bench trial, defendant was found guilty of rape and aggravated kidnapping with...

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