Jacques v. People

Citations

• 66 Ill. 84

Syllabus

<p>Baps—sufficiency of evidence to sustain conviction. On the trial of an indictment against the defendant and one H, for rape, the proof showed that H gave the girl some wine, and persuaded her to go to Chicago with him, which was but a short distance; that she left the saloon where ¿he had been staying, in the evening, and after walking about a half mile on the road to the city, she was overtaken by H and the defendant in a buggy, and was taken by them to the city, when the defendant got out and left them, and she and H went to a hotel together, where H called for a room for himself and wife. It further appeared that they occupied the room together all night; that she went with H to the room voluntarily; made no outcry in the night or complaint the next morning; and the girl, in her cross-examination, stated that after leaving the buggy, she walked, but did not recollect of putting up at the hotel that night; that she woke up about seven o’clock next morning; did not know that she had connection with H that night; that, to her best knowledge, she did not with him or any other man; that she laid at the back of the bed, and that H did not even feel of her, nor even ask her, or make a vulgar remark to her. On this evidence, the defendant was convicted. of an assault with intent to commit a rape: Reid, that there was no evidence to sustain the verdict, although it tended to prove a conspiracy between H and the defendant to abduct the girl.</p>