People v. Darby

The defendant herein was charged with rape (Ill. Rev. Stat. 1975, ch. 38, par. 11—1), and indecent liberties with a child (Ill. Rev. Stat. 1975, ch. 38, par. 11—4(a)(1)), based upon the same act which occurred on December 4, 1975. Prior to his trial the defendant made a “motion to elect count” which was treated by all concerned as a motion for a severance of counts. This motion alleged that the State would introduce evidence of the victim’s prompt complaint, which would be prejudicial to the indecent liberties count. The motion was denied. A jury found the defendant not guilty of rape but…