People v. Jones

Defendants Charles Terry, Anthony Mitchell, and Sylvester Jones were indicted for robbery, rape, and aggravated kidnapping. (Ill. Rev. Stat. 1973, ch. 38, pars. 18—1, 11—1, and 10—2.) In a bench trial, each defendant was found guilty as charged. They were sentenced to six to 18 years in the penitentiary. On appeal defendants contend that: (1) they were not proved guilty of the offense of rape, since the State did not prove that the prosecutrix had intercourse with a person who was not her spouse; (2) they were not proved guilty of the offense of aggravated kidnapping, since rape was not…