People v. Williams

• Decision Date: 30 November 1961
• Docket Number: No. 35971,35971
• Citation: 23 Ill.2d 295,178 N.E.2d 372
• Parties: PEOPLE of the State of Illinois, Defendant in Error, v. James WILLIAMS, Plaintiff in Error.
• Court: Illinois Supreme Court

Page 372

178 N.E.2d 372

23 Ill.2d 295

PEOPLE of the State of Illinois, Defendant in Error, v. James WILLIAMS, Plaintiff in Error.

No. 35971.

Supreme Court of Illinois.

Nov. 30, 1961.

Phillip H. Holm, Chicago, for plaintiff in error.

William G. Clark, Atty. Gen., Springfield, and Daniel P. Ward, State's Atty., Chicago (Fred G. Leach, Asst. Atty. Gen., and John T. Gallagher and Dean H. Bilton, Asst. State's Attys., Chicago, of counsel), for defendant in error.

BRISTOW, Chief Justice. ^*

The criminal court of Cook County in a trial without a jury found defendant James Williams guilty of the crimes of rape and robbery, and sentenced him to terms of five years for the rape, and three to fifteen years for the robbery. On writ of error defendant has urged this court to reverse that judgment on the ground that the evidence fails to support the finding of guilty on either of the charges, which were tried together with his consent.

In reviewing the evidence we find that on August 28, 1957, at 12:30 A. M. the prosecuting witness, Mrs. Dolores Williams, and her sister, Mrs. Elizabeth King, were walking along 61st Street between Halsted and Peoria Streets in the heart of the Englewood shopping district on Chicago's south side, apparently enroute home from a movie. There is a restaurant and drug store on the corners, and there are numerous taverns and liquor stores in the area. Defendant had been drinking in one of the taverns with a friend, and was on his way home alone when he saw the two women walking along the street.

According to the testimony of the prosecutrix, defendant came up from behind them, put his arm around her neck, and said, pressing something metal against her, 'Don't holler and it won't go off.' Defendant, however, claims he merely walked between them, and that it was his bracelet that she must have felt. It was undisputed that he had no gun, and that there was no further reference to any weapon. The trio walked together arm in arm down the populated 61st Street, and then turned north on Peoria Street in the direction of prosecutrix's home near 60th Street. Defendant asked them were they lived, and when the prosecutrix indicated, 'right down the street,' defendant suggested they walk in the opposite direction. After proceeding half a block, the sister pleaded that she was ill and nervous, and defendant released her promising that he wouldn't do anything to harm the prosecutrix.

Defendant and prosecutrix continued walking and talking together down Peoria Street. Prosecutrix testified that she held his arm, and that he kept his other hand in his pocket. In the middle of the block they entered an alleyway, and defendant asked to kiss her. She agreed and permitted him to take certain liberties with her person. They had some conversation about whether defendant could trust her, and whether she would call the police if he let her go home. She told him several times that she would not, and that she was not afraid of him. He said he'd like to see her again and asked for her phone number. As she wrote the correct number on a paper with lipstick, since she had no writing implement, he saw her wrist watch and asked if her husband would miss it. She replied that she bought it herself. She took the watch off and gave it to defendant at his request, with the understanding that she would get it back when she met him after he telephoned in a few days.

They talked further about whether defendant could trust her. She asked him whether there was anything she could do to show him that he could trust her. Prosecutrix claims, and defendant denies, that he told her to suggest something. She asked him if he wanted her body, but he refused. Defendnat testified that he also refused her offer of money; however, prosecutrix stated that this refusal of money was made at another point. Prosecutrix offered her body a second time, and defendant asked her why she did that, and if she wanted him to think that she always did that or just wanted to do it. She replied that she wanted to show him that he could trust her. Defendant then said he would take her body. He removed his shirt and placed it on the ground for her to lie on. She removed her underclothes and they had sexual intercourse.

Thereafter the prosecutrix got up, dressed herself, and asked defendant to walk her home, because someone might stop her again. He agreed to do so. They walked along Halsted to 61st Street, and prosecutrix gave defendant a quarter for carfare. According to the defendant, there was an understanding that he would call to arrange to meet the prosecutrix in a few days and return her watch. He told her, 'We'll go out and have a couple of beers and forget the whole thing.' He also claimed he apologized as his head began to clear. The prosecutrix, however, testified that she had no intention of meeting him again to get back the $50 watch, and that she was going to call the police. In an out-of-court statement, however, she admitted that she didn't know what she was going to do. As they were walking arm in arm, a police car drove up and an officer jumped out and seized defendant.

From the officer's testimony, defendant was apprehended as he was walking arm in arm with the prosecutrix [23 Ill.2d 299] at 1:40 A. M., in the vicinity of 61st and Halsted streets. The police officer found a butcher knife on defendant, which he testified he used in connection with his work of opening packing cases. At no time did defendant show the knife to the women, or even refer to it as being on his person.

At the station the police searched defendant and found the watch in the sweatband of his hat. Defendant denied that he tried to hide it, and claimed he put his cap on the seat and then placed the watch in it. His statement at the State's Attorney office the following morning was substantially the same as his testimony, with the exception of some discrepancies in trying to conceal where he lived and worked. On defendant's return to the lockup, he made an aborted attempt to escape, which he explained was done because he thought the officer would probably fire, and at that time he wanted to be killed rather than face the disgrace.

On the basis of substantially the foregoing evidence the judge, after denying motions for directed verdicts on both charges found defendant guilty of both rape and robbery, and sentenced him to a term of five years of hard labor for the rape, and to a term of from three to fifteen years for the robbery.

Considering first the crime of rape, the cases reiterate that to sustain a conviction the act must be against the will of the victim. (People v. Scott, 407 Ill. 301, 95 N.E.2d 315.) However, as stated by the prosecution, there need be no showing of physical force if the prosecuting witness was paralyzed by fear or overcome by the superior strength of her attacker. (People v. Ardelean, 368 Ill. 274, 13 N.E.2d 976.) Inasmuch as the law does not require a useless act, if the superiority of strength of the defendant was so great that effectual resistance might be impossible, there need be no showing of any struggle; similarly, if defendant and the victim are so remote from human help that an outcry might be unavailing, there need be no outcry. People v. Silva, 405 Ill. 158, 89 N.E.2d 800; Austine v. People, 110 Ill. 248.

From our review of the evidence in the instant case, it is undisputed that the prosecutrix at no time made any outcry or attempt to escape or resisted in any way, even though they were walking along a populated commercial area with open stores on a summer night. Although she claims that defendant kept his hand in his pocket, thereby suggesting a...