People v. Oldsby

The defendant, Francis Oldsby, was indicted in two counts with the offenses of attempted rape and deviate sexual assault, in violation of section 8 — 4 and section 11-3 of chapter 38, Ill Rev Stats (1967), respectively. A bench trial resulted in findings of guilty on both counts of the indictment from which the court sentenced defendant for a term of five to ten years on each count. On this appeal, the defendant asserts that error was committed when he was convicted for two crimes, which he alleges arose from the same transaction.

The facts reveal that on November 15, 1966, the complaining…