People v. Van Cleve

Randy Van Cleve and Donald Fields were found guilty by a jury in the circuit court of Lake County of rape (Ill. Rev. Stat. 1979, ch. 38, par. 11—1) and unlawful restraint (Ill. Rev. Stat. 1979, ch. 38, par. 10—3). The defendants moved to have the verdicts set aside because of insufficiency of the evidence. The court allowed the motions and entered a judgment of acquittal notwithstanding the verdicts. The appellate court dismissed an appeal of that judgment brought by the People. We granted the People’s petition for leave to appeal to this court. 73 Ill. 2d R. 315.

This appeal presents three…