People v. Bendig

Defendant was indicted for the crime of deviate sexual assault in violation of chapter 38, section 11-3 of the Illinois Revised Statutes, 1963. A plea of not guilty was entered and trial by jury was waived. He was found guilty and sentenced to the Illinois State Penitentiary for not less than one, nor more than five years.

On this appeal, defendant argues that he was not proven guilty beyond all reasonable doubt and that there is a fatal variance between the charge in the indictment and the evidence.

The State’s evidence consisted of the testimony of the prosecutrix and the stipulated testimony…