PEOPLE v. STRUCK

No. 84-1191.

136 Ill. App.3d 842 (1985)

483 N.E.2d 1047

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MARVIN J. STRUCK, Defendant-Appellant.

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

Opinion filed September 27, 1985.


Attorney(s) appearing for the Case

James A. Stamos, of Chicago, for appellant.

Richard M. Daley, State's Attorney, of Chicago (Michael E. Shabat, Donna B. More, and Marshall C. Libert, Assistant State's Attorneys, of counsel), for the People.


Affirmed in part and vacated in part.

JUSTICE SULLIVAN delivered the opinion of the court:

Following a bench trial defendant was convicted of deviate sexual assault and armed violence and sentenced to concurrent six-year terms. Defendant states the issues on appeal to be that (1) there was insufficient proof of force; (2) the trial court erred "in considering out-of-court pre-seizure description of weapon not testified to by complainant," and (3) the armed...

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