The People v. Tinnell

Plaintiff in error was found guilty of rape by the circuit court of Winnebago county and brings the cause here for review. The indictment consisted of four counts. The first and second counts charged defendant with robbing the complaining witness while armed with a knife; the third count charged him with assault with intent to commit rape upon her, and the fourth count charged rape; all alleged to have occurred on March 5, 1943.

Defendant moved to quash the indictment for duplicity on the ground that robbery was an offense of taking property and the charges of rape and attempted rape were…