People v. Porter

MR. PRESIDING JUSTICE DRUCKER

delivered the opinion of the court.

The defendant, Clarence Porter, was found guilty of rape after a bench trial and was sentenced to the penitentiary for a term of not less than five nor more than twelve years. In this appeal defendant contends that the element of force was not established and that his identification was not sufficiently positive.

The complaining witness, Della Beasley, testified and stated that she was nine years old and that on the evening of May 13, 1964, she was babysitting in the apartment of Minnie Harris where the alleged rape took place.…