People v. Witherspoon

After a jury trial, Ronald Witherspoon (defendant) was found guilty of rape (Ill. Rev. Stat. 1971, ch. 38, par. 11—1) and was sentenced to 5 to 15 years. He has appealed.

In this court defendant urges that identification testimony was improperly received; the evidence was not sufficient to prove guilt beyond a reasonable doubt; prejudicial trial error resulted from improper cross-examination of defendant and improper final argument by the prosecutor; and that the sentence was excessive. The position of the State is that the identification testimony was properly received as defendant was…