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PEOPLE v. MYERS

Gen. No. 10,842.

92 Ill. App.2d 129 (1968)

234 N.E.2d 811

People of the State of Illinois, Plaintiff-Appellee, v. Jim E. Myers and Harold W. Fickes, Defendants, Jim E. Myers, Defendant-Appellant.

Appellate Court of Illinois — Fourth District.

Rehearing denied April 1, 1968.

Attorney(s) appearing for the Case

John F. Dunn, of Decatur, for appellant.

Basil G. Greanias, State's Attorney of Macon County, of Decatur (J. Daniel King, Assistant State's Attorney, of counsel), for appellee.

TRAPP, J.

Defendant was found guilty upon two charges of deviate sexual assault following a bench trial. Sentence was fixed at not less than 8 years nor more than 14 years.

Defendant urges that there was a failure to prove that the defendant compelled the victim to perform or submit to acts of deviate sexual conduct by force, or threat of force, so that there was no proof of guilt beyond a reasonable doubt. Chapter 38, § 11-3, Ill Rev Stats, 1965.

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