The People v. Kestian

The plaintiffs in error, Stanley Kestian and John Conrad, were indicted in the criminal court of Cook county for the rape of Gertrude Tomszewski .on the night of the 4th and 5th of June, 1928. The jury returned separate verdicts finding each of them guilty and fixing the punishment of each at five years in the penitentiary. They were sentenced accordingly. Their contentions here will be stated in the course of the opinion.

Gertrude Tomszewski was twenty years of age and lived with her mother and step-father at 2612 West Twenty-fifth street, in the city of Chicago. Conrad played baseball and…