People v. Smith
| Citation | 288 N.E.2d 694,8 Ill.App.3d 36 |
| Decision Date | 04 October 1972 |
| Docket Number | No. 56840,56840 |
| Parties | PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Theodore SMITH, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Howard T. Savage, Chicago, for defendant-appellant.
William J. Scott, Atty. Gen., State of Illinois, James B. Zagel, Asst. Atty. Gen., Edward V. Hanrahan, State's Atty., County of Cook, Chicago, Robert A. Novelle, Themis N. Karnezis, Asst. State's Attys., of counsel, for plaintiff-appellee.
The defendant, Theodore Smith, was indicted for the crime of rape. Following a bench trial in the Circuit Court of Cook County, the defendant was found guilty and sentenced to the Illinois State Penitentiary for a period of not less than four nor more than seven years.
The issues presented on appeal are: (1) whether the defendant has been denied due process of law by the trial court's refusal to grant a further continuance to the defendant in order that he might secure the attendance of a certain witness for his trial; and (2) whether the defendant was proven guilty of rape beyond a reasonable doubt.
Miss Shirley Johnson testified that on April 25, 1968, she was walking in the vicinity of 70th Street and Merrill Avenue in Chicago when she was approached by the defendant, Theodore Smith, who asked if he could walk her home. Miss Johnson refused, but the defendant continued to walk with her. Upon reaching the corner of 70th Street and Paxton, the defendant put his hand in his pocket and threatened to blow Miss Smith's head off if she did not come with him. He then pushed her down 70th Street to a building located at 2226 East 70th Street. At this point the defendant forced Miss Johnson into a first floor apartment, whereupon he told her he wanted to have sexual relations with her and offered her some money. When Miss Johnson refused his offer and began to cry, the defendant threatened her with a butcher knife and forced her to remove her clothes.
After removing her clothes, the defendant allowed Miss Johnson to enter the bathroom where she raised the window in an attempt to escape, only to fail in her attempt because she could not remove the screen from the window. The defendant then entered the bathroom and forced Miss Smith into a bedroom where he forced her to engage in sexual intercourse. The defendant took her to another bedroom where he again forced her to engage in sexual relations. Miss Johnson then attempted to escape but again, as in her first attempt, she failed because she could not unlock the door. Thereafter, the defendant returned with Miss Smith to the first bedroom and, after putting lotion on her body, engaged in a third act of sexual intercourse. The defendant then told Miss Smith she could leave. She left and went to her apartment. It was approximately 5:00 A.M. At her apartment Miss Smith told her roommate, Darnisha Pope, that she had been raped. Miss Pope testified at the defendant's trial that she called the police, who arrived shortly thereafter and took Miss Smith to Billings Hospital.
A witness called by the defendant, Albert Brady, testified to having seen the defendant and a young lady walking down the street near the defendant's apartment at approximately 2:00 A.M. on the evening of April 25, 1968.
The defendant, Theodore Smith, testified in his own behalf. He stated that on April 25, 1968, at approximately 1:45 A.M., he was returning home from a lounge on 71st Street when Miss Johnson ran up to him crying. He asked her what was wrong and offered to buy her some coffee. Upon leaving a restaurant where Miss Smith had coffee and the defendant purchased some chicken gizzards, the defendant testified they walked north on Paxton to 70th Street. As they walked, Miss Johnson agreed to engage in some sexual activity for $19.00. The pair then went to the defendant's apartment, where they ate. While Miss Johnson was in the washroom, the defendant looked through her purse and observed in Illinois State Mental Hospital card. Smith, upon seeing this card, decided to humiliate her by offering her only $4.00 and asking her to leave. The defendant testified she then left.
At the trial, the defense and the State stipulated that a report by Dr. Young Roc Kim of Billings Hospital be admitted as evidence. The findings in the report by Dr. Kim were that a vaginal smear taken from Miss Johnson on April 25, 1968, at approximately 5:00 A.M., proved negative for human spermatozoa. At the trial, it was also stipulated by both the defense and the State that a police report and a Chicago Crime Laboratory report which revealed the presence of human spermatozoa would be admitted into evidence.
At the end of the trial the court found the defendant, Theodore Smith, guilty of rape and pronounced sentence. The defendant herein appeals from those findings.
The first issue presented for review is whether the trial court erred, and thereby denied the defendant his constitutional right to due process of law, by its refusal to grant a further continuance so that the defendant might secure the attendance at trial of a certain witness.
The defendant contends the trial court's refusal to grant the defendant a further continuance...
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