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THE PEOPLE v. DAMEN

No. 37419.

28 Ill.2d 464 (1963)

193 N.E.2d 91

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. GEORGE DAMEN, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed September 27, 1963.

Attorney(s) appearing for the Case

THOMAS P. SULLIVAN and MULLER DAVIS, of Chicago, appointed by the court, (THOMPSON, RAYMOND, MAYER AND JENNER, of counsel,) for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH and E. MICHAEL O'BRIEN, Assistant Attorneys General, and EDWARD J. HLADIS and JAMES R. THOMPSON, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE UNDERWOOD delivered the opinion of the court:

Following a jury trial in the criminal court of Cook County, George Damen was convicted of the forcible rape of his wife. The jury fixed the punishment at 30 years imprisonment. The proceedings are before us on a writ of error, defendant contending that the complainant consented to the intercourse, and that prejudicial errors occurred in the evidentiary rulings.

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