People v. Murphy

MR. PRESIDING JUSTICE McCORMICK

delivered the opinion of the court.

The defendant had been indicted for committing the crime of rape, and was tried in the Circuit Court of Cook County without a jury. The only issue presented is whether defendant was proved guilty by clear and convincing evidence. Ill Rev Stats 1965, c 38, § 11-1, defines rape as follows: “ (a) A male person of the age of 14 years and upwards who has sexual intercourse with a female, not his wife, by force and against her will, commits rape.”

Ethel Thomas, the complaining witness, testified that on April 19, 1967, the date of the…