People v. Miller

Mr. PRESIDING JUSTICE TRAPP

delivered the opinion of the court:

Defendant appeals his conviction following a bench trial of attempted rape and his sentence of 3 to 10 years.

Upon appeal it is argued that the evidence was insufficient to prove beyond a reasonable doubt the necessary intent to commit rape, or the completion of a substantial step to commit the offense. (Ill. Rev. Stat. 1973, ch. 38, par. 8 — 4(a).) There is no dispute as to the identification of defendant or that shortly after 3 a.m. he entered the second-floor bedroom of the prosecuting witness by removing the window screen.

The…