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PEOPLE v. THOMAS

Gen. No. 50,971.

80 Ill. App.2d 112 (1967)

224 N.E.2d 629

People of the State of Illinois, Plaintiff-Appellee, v. Charles Raymond Thomas, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

February 16, 1967.

Attorney(s) appearing for the Case

Warren D. Wolfson, of Chicago, for appellant.

Daniel P. Ward, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and John William Crilly, Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

Defendant was tried by jury and found guilty of rape and burglary. He was sentenced to serve from 5 to 15 years in the penitentiary on each count, the sentences to run concurrently. On appeal he raises the following points: (1) the State did not prove the charge alleged in the indictment, since there was a material variance between the date of the crime as charged and the date proved; (2) prejudicial error was...

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