People v. Smith

Mr. PRESIDING JUSTICE DIERINGER

delivered the opinion of the court:

The defendant, Theodore Smith, was indicted for the crime of rape. Following a bench trial in the Circuit Court of Cook County, the defendant was found guilty and sentenced to the Illinois State Penitentiary for a period of not less than four nor more than seven years.

The issues presented on appeal are: (1) whether the defendant has been denied due process of law by the trial court’s refusal to grant a further continuance to the defendant in order that he might secure the attendance of a certain witness for his trial; and (2)…