(DOWNLOAD) "People v. Cihlar" by Illinois Appellate Court — First District (2Nd Division) Judgment Affirmed # eBook PDF Kindle ePub Free
eBook details
- Title: People v. Cihlar
- Author : Illinois Appellate Court — First District (2Nd Division) Judgment Affirmed
- Release Date : January 18, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Defendant was found guilty by a jury of rape, burglary and home invasion and not guilty of armed robbery. He was sentenced to a 6-year term. He raises as issues for review whether: (1) he was proved guilty beyond a reasonable doubt; (2) he was prejudiced by the State's failure to provide his attorney with a statement of a State's witness; (3) the court erred in allowing into evidence inadmissible hearsay testimony; and (4) the court erred in refusing to give an instruction as to prior inconsistent statements. The victim testified that on June 24, 1979, she returned to her Lyons, Illinois, apartment from work with her boyfriend, who left there at 2:30 a.m. She went to bed and was awakened by the feeling of someone watching her, saw a man standing at the foot of her bed, and screamed. The man jumped on her bed, put his hands over her mouth and throat, and told her to shut up or he would kill her. The man was wearing a pair of women's panties around the outside of his face. His entire face was visible to her. She identified defendant as the man in her bedroom. Defendant told her he had a knife and asked her if she had any money; she said she did not. Defendant had sexual intercourse with her against her will. Thereafter, he said to her, Al told me you were a good piece of ass and he was right. He then walked into the living room. When she thought he was gone, the victim went into the kitchen. There was a light on in the living room and she saw defendant there and again saw his face. The man ordered her back into the bedroom, pushed her back in the bed, and then left her apartment. She went to her neighbor, Marcia Londo, and banged on the door of her apartment. This occurred at approximately 4 a.m. The victim testified further that she had initially described the rapist to the police as 6 feet tall weighing 200 pounds; however, later in the police station she saw an individual of that size and told the police her assailant was smaller. Her assailant had very high cheekbones, a squared jaw, dark curly brown hair and a blemish problem.
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