People v. Thomas

Defendants Thomas Bernardo (Bernardo) 1 and his brother, Bert Thomas (Thomas), were tried by a jury and found guilty of rape and not guilty of robbery. (Ill. Rev. Stat. 1977, ch. 38, pars. 11 — 1 and 18 — 1.) Thomas was sentenced to a term of 10 to 20 years and Bernardo to a term of 16 years.

On appeal, defendants contend that: (1) the State failed to prove them guilty of rape beyond a reasonable doubt; (2) the court erred in denying defendant Thomas’ request for a 24-hour continuance; (3) evidence that Thomas was under “surveillance” for some time prior to the offense denied both defendants a…