People v. Clarke

The defendant, Denis G. Clarke, was found guilty of the consolidated charges of burglary with intent to commit a theft, and rape, following a bench trial in the criminal court of Cook County. He was sentenced to concurrent penitentiary terms of 3 to 6 years for burglary, and 12 to 15 years for rape.

In this appeal, he contends that even though a motion to suppress the pretrial “lineup” identification evidence was granted, the court’s decision was nevertheless tainted by the testimony at the hearing on the motion, and thereby his constitutional rights were violated. He further asserts that the…