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PEOPLE v. VAN CLEVE

No. 53902.

89 Ill.2d 298 (1982)

432 N.E.2d 837

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. RANDY VAN CLEVE et al., Appellees.

Supreme Court of Illinois.

Rehearing denied March 25, 1982.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield, and Dennis P. Ryan, State's Attorney, of Waukegan (Melbourne A. Noel, Jr., Michael B. Weinstein, Jonathan Strauss, and Herbert Lee Caplan, Assistant Attorneys General, of Chicago, and Phyllis J. Perko, of the State's Attorneys Appellate Service Commission, of Elgin, of counsel), for the People.

Mary Robinson, Deputy Defender, and Josette M. Skelnik, Assistant Defender, of the Office of the State Appellate Defender, of Elgin, for appellees.

Judgment affirmed.

JUSTICE WARD delivered the opinion of the court:

Randy Van Cleve and Donald Fields were found guilty by a jury in the circuit court of Lake County of rape (Ill. Rev. Stat. 1979, ch. 38, par. 11-1) and unlawful restraint (Ill. Rev. Stat. 1979, ch. 38, par. 10-3). The defendants moved to have the verdicts set aside because of insufficiency of the evidence. The court allowed the motions and entered a judgment of acquittal notwithstanding the...

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