People v. Gray

5 Citing cases

  1. People v. Patterson

    90 Ill. App. 3d 775 (Ill. App. Ct. 1980)   Cited 14 times
    In Patterson, the victim's in-court identification of defendant, along with her opportunity to observe her assailant, supported defendant's conviction, even though she had merely identified defendant during a lineup as the one who "looked the closest" to her assailant.

    While we agree with defendant that courts must more carefully scrutinize the evidence in a rape case than in any other type of case, pursuant to People v. Secret (1978), 72 Ill.2d 371, 381 N.E.2d 281, we believe the defendant's failure to raise the issue of alleged error in denying his motion for a directed verdict in his written post-trial motion for a new trial amounts to a waiver of that issue on appeal. ( People v. Cook (1979), 78 Ill. App.3d 695, 397 N.E.2d 439; People v. Gray (1976), 40 Ill. App.3d 52, 351 N.E.2d 339.) As we indicated previously the testimony of the victim in this case was clear and convincing and was corroborated by other evidence, and since the truth of the evidence introduced by the State is admitted by the defendant's motion for a directed verdict, the case is clearly one wherein reasonable minds might differ.

  2. People v. Heard

    369 N.E.2d 229 (Ill. App. Ct. 1977)   Cited 4 times
    In Heard, as in this case, the defendant was found guilty of both armed robbery and unlawful use of weapons in that he knowingly carried or possessed a shotgun with a barrel of less than 18 inches in length.

    The robbery, however, was interrupted by the appearance of two police officers. In People v. Gray (1977), 40 Ill. App.3d 52, 351 N.E.2d 339, this court, speaking through Mr. Justice Dieringer, held: "The Illinois Supreme Court has consistently held, where it is contended the punishment imposed in a particular case is excessive, though within the limits prescribed by the legislature, Illinois reviewing courts should not disturb the sentence unless it clearly appears the penalty constitutes a great departure from the Illinois constitutional requirement that all penalties shall be proportioned to the nature of the offense.

  3. State v. Byers

    102 Idaho 159 (Idaho 1981)   Cited 41 times
    Observing that unnecessarily requiring corroboration of victims' testimony “prevents both the reporting and the successful prosecuting of sex crimes”

    Similarly, in Colorado the need for corroboration is decided on an ad hoc basis, depending on the character of the prosecutrix, the probability or improbability of her testimony and whether her testimony is conflicting and contradictory. LaBanc v. People, 161 Colo. 274, 421 P.2d 474 (1966). See also People v. Gray, 40 Ill.App.3d 52, 351 N.E.2d 339 (1976) (no corroboration needed if testimony clear and convincing); Robinson v. Commonwealth, 459 S.W.2d 147 (Ky. 1970) (if not contradictory or incredible, or inherently improbable, unsupported testimony may be sufficient); State v. Thomas, 351 Mo. 804, 174 S.W.2d 337 (1943) (corroboration required where the prosecutrix is a mature woman and the case is weak); Gamble v. State, 576 P.2d 1184 (Okla.Cr.App. 1978) (corroboration unnecessary unless testimony of prosecutrix is of such contradictory and unsatisfactory nature, or she is so impeached, that such testimony is clearly unworthy of belief and insufficient as a matter of law to sustain a conviction); Thomas v. State, 92 Wis.2d 372, 284 N.W.2d 917 (Wis. 1979) (corroboration necessary where the testimony on its face shows unreliability). Some statutes also require corroboration in certain types of sex crimes.

  4. People v. Schultz

    173 Ill. App. 3d 738 (Ill. App. Ct. 1988)   Cited 4 times

    Generally, on an appeal from a bench trial, the reviewing court will defer to the trial court's assessment of the witnesses' credibility and decline to substitute its judgment for that of the trial court unless there "clearly appears" to be a reasonable doubt of defendant's guilt. ( People v. Gray (1976), 40 Ill. App.3d 52, 54, 351 N.E.2d 339, 341.) It is undisputed that defendant left the scene of an accident without identifying himself.

  5. People v. Robinson

    361 N.E.2d 759 (Ill. App. Ct. 1977)   Cited 10 times

    Where a sentence is within the limits prescribed by the legislature, a reviewing court should not disturb it unless it constitutes a great departure from the Illinois constitutional requirement that penalties shall be proportioned to the nature of the offense. ( People v. Richardson (1969), 43 Ill.2d 318, 253 N.E.2d 420; People v. Smith (1958), 14 Ill.2d 95, 150 N.E.2d 815; People v. Gray (1976), 40 Ill. App.3d 52, 351 N.E.2d 339.) The trial judge is in the best position to determine an appropriate sentence because of his presence at the trial and at the hearing in aggravation and mitigation. ( People v. McCullough (1970), 45 Ill.2d 305, 259 N.E.2d 19; People v. Taylor (1965), 33 Ill.2d 417, 211 N.E.2d 673.) Absent an abuse of discretion in sentencing, this court should not substitute its judgment for that of the trial court.