People v. Bolik

CourtSupreme Court of Illinois
Writing for the CourtPER CURIAM.
Citation89 N.E. 700,241 Ill. 394
Decision Date26 October 1909
PartiesPEOPLE v. BOLIK.

241 Ill. 394
89 N.E. 700

PEOPLE
v.
BOLIK.

Supreme Court of Illinois.

Oct. 26, 1909.


Error to Criminal Court, Cook County; William H. McSurely, Judge.

John Bolik was convicted of rape, and brings error. Reversed and remanded.


[241 Ill. 394]A. J. Bedard and Samuel Spitzer, for plaintiff in error.

W. H. Stead, Atty. Gen., and John E. W. Wayman, State's Atty. (June C. Smith and John T. Fleming, of counsel), for the People.


PER CURIAM.

The plaintiff in error was convicted in the criminal court of Cook county of rape, and sentenced to the penitentiary for two years.

The complaining witness, Mamie Hanson, a girl 15 years old, testified that she was a stenographer employed by plaintiff in error at his paint store, 2007 North Halsted [241 Ill. 395]street, Chicago, Ill., the last two weeks of December, 1908; that thereafter, on January 9, 1909, she asked the plaintiff in error, over the telephone, for employment, and was told that he had some contracts to write; that she thereupon called at his place of business about 5 o'clock p. m. on that date, and worked for him an hour, and also the next day and the following Monday, January 11th, the date on which the assault is alleged to have

[89 N.E. 701]

been committed; that some time between 5 and 5:30 p. m. plaintiff in error called her to the back of the store, and ravished her against her will and despite her resistance. On cross-examination she stated that she made no outcry; that the assault lasted about two minutes; that persons might have come in the store while they were in the back, but that she saw no one when she returned from the rear; that after the assault plaintiff in error unlocked the front door; that she then went away, and met one William C. Churchill on a corner near plaintiff in error's store, and was with him until about 8:00 o'clock p. m., and that she told him what had occurred. She was brought into the North avenue police station from a friend's house some three weeks after the alleged assault. Up to that time she did not tell any one, except Churchill, about what had transpired. She admitted that she had made a complaint, and testified before the grand jury against Churchill.

Plaintiff in error testified that he was 30 years of age, married, and was a painting contractor. He denied having committed the assault, or having had sexual intercourse with the complaining witness on the date charged, or at any other time, claiming that on the day in question he was attending a sick horse, and did...

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25 practice notes
  • State v. George, 1509
    • United States
    • United States State Supreme Court of Wyoming
    • 5 de março de 1929
    ...free from doubt, and verdict was apparently the result of passion or prejudice, reviewing court should reverse. People v. Bolik, (Ill.) 89 N.E. 700; Green v. State, (Okla.) 170 P. 667; State v. Miller, (Mo.) 137 S.W. 887; Ren v. State, 132 P. 1131. William O. Wilson, Attorney General, and R......
  • People v. Lucus, No. 41159
    • United States
    • Supreme Court of Illinois
    • 22 de novembro de 1968
    ...Ill.2d 411, 424, 140 N.E.2d 726), he has the responsibility to insure that the instruction tendered is in proper form. (People v. Bolik, 241 Ill. 394, 397, 398, 89 N.E. 700.) Instructions must not assume the existence of any material facts in issue. See People v. Schallman, 273 Ill. 564, 57......
  • People v. Gurdak, No. 22381.
    • United States
    • Supreme Court of Illinois
    • 17 de outubro de 1934
    ...Ill. 604, 68 N. E. 512;Cunningham v. People, 210 Ill. 410, 71 N. E. 389;Dahlberg v. People, 225 Ill. 485, 80 N. E. 310;People v. Bolik, 241 Ill. 394, 89 N. E. 700;People v. Rischo, 262 Ill. 596, 105 N. E. 8;People v. Thomas, 272 Ill. 558, 112 N. E. 354;People v. Ahrling, 279 Ill. 70, 116 N.......
  • People v. McPheron, No. 21959.
    • United States
    • Supreme Court of Illinois
    • 22 de dezembro de 1933
    ...Ill. 604, 68 N. E. 512;Cunningham v. People, 210 Ill. 410, 71 N. E. 389;Dahlberg v. People, 225 Ill. 485, 80 N. E. 310;People v. Bolik, 241 Ill. 394, 89 N. E. 700;People v. Rischo, 262 Ill. 596, 105 N. E. 8;People v. Thomas, 272 Ill. 558, 112 N. E. 354;People v. Ahrling, 279 Ill. 70, 116 N.......
  • Request a trial to view additional results
25 cases
  • State v. George, 1509
    • United States
    • United States State Supreme Court of Wyoming
    • 5 de março de 1929
    ...free from doubt, and verdict was apparently the result of passion or prejudice, reviewing court should reverse. People v. Bolik, (Ill.) 89 N.E. 700; Green v. State, (Okla.) 170 P. 667; State v. Miller, (Mo.) 137 S.W. 887; Ren v. State, 132 P. 1131. William O. Wilson, Attorney General, and R......
  • People v. Lucus, No. 41159
    • United States
    • Supreme Court of Illinois
    • 22 de novembro de 1968
    ...Ill.2d 411, 424, 140 N.E.2d 726), he has the responsibility to insure that the instruction tendered is in proper form. (People v. Bolik, 241 Ill. 394, 397, 398, 89 N.E. 700.) Instructions must not assume the existence of any material facts in issue. See People v. Schallman, 273 Ill. 564, 57......
  • People v. Gurdak, No. 22381.
    • United States
    • Supreme Court of Illinois
    • 17 de outubro de 1934
    ...Ill. 604, 68 N. E. 512;Cunningham v. People, 210 Ill. 410, 71 N. E. 389;Dahlberg v. People, 225 Ill. 485, 80 N. E. 310;People v. Bolik, 241 Ill. 394, 89 N. E. 700;People v. Rischo, 262 Ill. 596, 105 N. E. 8;People v. Thomas, 272 Ill. 558, 112 N. E. 354;People v. Ahrling, 279 Ill. 70, 116 N.......
  • People v. McPheron, No. 21959.
    • United States
    • Supreme Court of Illinois
    • 22 de dezembro de 1933
    ...Ill. 604, 68 N. E. 512;Cunningham v. People, 210 Ill. 410, 71 N. E. 389;Dahlberg v. People, 225 Ill. 485, 80 N. E. 310;People v. Bolik, 241 Ill. 394, 89 N. E. 700;People v. Rischo, 262 Ill. 596, 105 N. E. 8;People v. Thomas, 272 Ill. 558, 112 N. E. 354;People v. Ahrling, 279 Ill. 70, 116 N.......
  • Request a trial to view additional results

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