Legal Opinion

The PEOPLE v. DeFrates

Illinois Supreme Court

Decided September 28, 1965No. 39107PublishedCited by 48 opinions

1Opinion of the CourtJustice Underwood

After a bench trial in the criminal court of Cook County, the defendant, Walter DeFrates, was found guilty of rape and sentenced to the penitentiary for a term of 10 to 25 years. The appellate court, with one justice dissenting, affirmed the judgment of conviction, (53 Ill. App. 2d 277,) and we have granted defendant’s petition for leave to appeal. The critical issue is whether the proof establishes beyond all reasonable doubt that an act of sexual intercourse was forcible and against the will of the complaining witness.

Defendant was a heating and air conditioning engineer who, on at least…

2Cases cited5 opinions

  1. The People v. FaulisiIllinois Supreme Court · 1962
  2. The People v. QuallsIllinois Supreme Court · 1961
  3. People v. ScottIllinois Supreme Court · 1950
  4. People v. HillerIllinois Supreme Court · 1955
  5. People v. DeFratesAppellate Court of Illinois · 1964

3Cited by48 opinions

  1. The PEOPLE v. TaylorIllinois Supreme Court · 1971
  2. People v. AndersonAppellate Court of Illinois · 1974
  3. People v. HouckAppellate Court of Illinois · 1977
  4. Rice v. StateCourt of Special Appeals of Maryland · 1970
  5. People v. WalshAppellate Court of Illinois · 1980

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