People v. Simental

Defendant, Louis T. Simental, was charged by indictment with the offense of rape. (Ill. Rev. Stat. 1967, ch. 38, par. 11—1.) After a bench trial in the circuit court of Cook County, the court found defendant guilty as charged and sentenced him to the penitentiary for a term of not less than four nor more than eight years. Defendant, appeals.

Defendant contends that the prosecution failed to prove him guilty beyond a reasonable doubt. He also contends that there was a fatal variance between the proof adduced at trial and the bill of particulars as to the time of the commission of the offense.

We…