People v. Murphy

Defendant, James Murphy, was indicted in Lake County for rape and indecent liberties with a child (Ill. Rev. Stat. 1973, ch. 38, pars. 11 — 1, 11 — 4). His first trial ended in a mistrial when the jury was unable to reach a verdict. At his second jury trial before the same judge, defendant was found guilty of indecent liberties only and was sentenced to 12 to 70 years’ imprisonment. The appellate court affirmed. (47 Ill. App. 3d 278.) We granted defendant’s petition for leave to appeal under Rule 315 (65 Ill. 2d R. 315).

Three issues are raised. First, whether the facts raised a bona fide…