The PEOPLE v. Gersbacher

At the conclusion of a jury trial in the circuit court of Jefferson County, defendant-appellant, Lendell D. Gersbacher, was found guilty of the crimes of attempt to commit murder, rape, and aggravated battery. Defendant was given concurrent sentences of from seven to fourteen years on the attempted murder and rape convictions. On appeal, the Appellate Court, Fifth District, affirmed the attempt and rape convictions but reversed the conviction for aggravated battery. (102 Ill. App. 2d 165.) We granted leave to appeal.

The prosecutrix testified that at approximately midnight on December 4, 1966,…