People v. Carroll

Mr. PRESIDING JUSTICE GOLDBERG

delivered the opinion of the court:

After a jury trial, Albert Carroll and Albert Merino (defendants) were found guilty of rape (Ill. Rev. Stat. 1969, ch. 38, par. 11 — 1(a)), deviate sexual assault (par. 11 — 3), and aggravated kidnapping (par. 10 — 2). They were each sentenced to 15 to 30 years on each of these charges, to run concurrently. They appeal.

Defendants contend that the State failed to prove beyond a reasonable doubt that the acts were accomplished by force or threats of force; the State commented upon the failure of defendants to testify; defendants…