People v. Kutella

Defendant was convicted of rape and deviate sexual assault (Ill. Rev. Stat. 1967, ch. 38, pars. 11 — 1(a) and 11 — 3(a)) in a trial before the court. He was sentenced to a term of 5 to 10 years. His claims of error in this appeal are that he was not proven to be of the age of 14 years or upward; and that he was denied pre-trial access to the chemical and microscopic analysis of certain clothing of the victim and of the defendant made by the Illinois Crime Laboratory, and to the report of a vaginal smear test given the victim.

In oral argument, counsel for defendant has waived the claim that…