People v. Poe
| Decision Date | 08 April 1969 |
| Docket Number | Gen. No. 52181 |
| Citation | 109 Ill.App.2d 295,248 N.E.2d 715 |
| Parties | PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Willie C. POE, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Gerald W. Getty, Public Defender of Cook County, Chicago, for defendant-appellant; George C. Rantis, James J. Doherty, Asst. Public Defenders, of counsel.
John J. Stamos, State's Atty., County of Cook, for plaintiff-appellee; Elmer C. Kissane, Howard Levine, Asst. State's Attys., of counsel.
Willie C. Poe was found guilty, after a bench trial, of the charges of burglary, deviate sexual assault, and attempt rape. Judgment was entered upon the finding and he was sentenced to a term of not less than three, nor more than eight years in the penitentiary. Defendant appeals to this court on the grounds: (a) that the State did not prove him guilty beyond a reasonable doubt; (b) that the prosecutrix consented to the act of cunnilingus and therefore no offense of deviate sexual assault was committed; (c) that the evidence was insufficient to establish the offense of attempt rape.
Mrs. Herman Gibson, prosecutrix herein testified that she was awakened at 5:30 A.M. on the morning of October 11, 1966, by the presence of an intruder in the bedroom which she shared with her husband. She awakened her husband and informed him of the presence of the intruder. Mr. Gibson prepared to get out of bed in the darkened room when the beam from a flashlight was turned into his eyes and he was told, 'Lay down _ _ _ _ or I will kill all of you.' The intruder then ordered Mrs. Gibson to tie her husband's hands with a belt, which she did. He then instructed Mr. Gibson to engage in intercourse with his wife so that he, the intruder, might watch. Mr. Gibson's efforts failing, his feet were then bound with a sheet by Mrs. Gibson, at the direction of the intruder.
Again on command of the intruder, Mrs. Gibson slid to the edge of the bed and removed her nightgown from her privates and the intruder performed an act of cunnilingus upon her. Mrs. Gibson testified that after the intruder had finished the act of cunnilingus he rose and attempted to mount her, at which time she was able to ascertain that he was armed only with a screwdriver, as it struck against the flashlight when he moved. Upon this realization she vaulted out of bed, turned on the light, and informed her husband, who had by this time freed his hands, that her assailant had no gun. The assailant fled the room and out the back door followed by Mrs. Gibson and, after he had freed his feet, by Mr. Gibson. The prosecutrix further testified that she followed the assailant only to the bannister of the back stairs, but recognized him as the defendant, Willie C. Poe (who had attempted to date her and to whom she was related by marriage), at the time she turned on the light in the bedroom.
Mr. Gibson testified that after he freed himself he pursued the assailant down the stairs and down the street and that before the assailant eluded him and while he was under a street light he also recognized the assailant to be Willie C. Poe. He further testified that he later discovered that three dollars had been removed from his wallet.
Alberta Ciardi, defendant's landlady, was called on his behalf and she testified that defendant rents one room of her apartment, a bedroom; that she is home most of the time, is a light sleeper and did not think it possible for anyone to enter or leave her apartment without her hearing them; that she can hear a key being inserted into the lock on the door to defendant's room when he returns. She further testified that she heard defendant come home after work on the afternoon of October 10, 1966; that he took a bath and retired; that she did not hear him leave until between 6:15 and 6:45 on the morning of October 11, 1966. Her testimony further established that defendant's room had an outside entrance so that he did not have to pass through any portion of the apartment which she occupied in order to enter or leave. She did not see the defendant leave his room on the morning of October 11.
The defendant took the stand on his own behalf and denied having ever been in the Gibson's apartment. He also denied commission of the acts constituting the offense and affirmatively asserted that after returning to his room at approximately 4:30 P.M. on October 10, he bathed and retired and did not leave his room at Mrs....
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