People v. Collins

After a bench trial, defendant was found guilty of rape and was sentenced to a term of 8 to 20 years. On appeal he contends: (1) he was not proven guilty beyond a reasonable doubt; (2) he was denied due process of law when the trial court considered matters not in evidence in arriving at a determination of defendant’s guilt; and (3) the sentence imposed is excessive.

The following evidence pertinent to this appeal was adduced.

Mary Hawthorn, the prosecutrix, testified:

She is 50 years old. On May 14, 1972, at approximately 2 A.M. she returned home after visiting two ill neighbors in a hospital.…