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People v. Morgan

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eBook details

  • Title: People v. Morgan
  • Author : Supreme Court of Illinois
  • Release Date : January 30, 1977
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Following a bench trial in the circuit court of Perry County, defendant, Donald Morgan, was convicted of taking indecent liberties with a child and was sentenced to the penitentiary for a term of four to eight years. The appellate court, in a split decision, reversed the conviction on the grounds that the evidence was insufficient to prove defendant guilty beyond a reasonable doubt. (44 Ill. App.3d 730.) We granted the State leave to appeal. At trial, testimony in behalf of the State indicated that on the evening of March 14, 1974, in the living room of complainant's trailer home, the defendant performed a certain indecent act upon the complainant, a seven-year-old girl. The girl's mother, Mrs. Vaughn, testified that on that evening defendant arrived at their trailer home shortly after supper, and that he drank a beer or two with her and her husband. The complainant played and watched TV while her parents and the defendant conversed. At approximately 8 p.m., the defendant fell asleep on the sofa. About 9 p.m., complainant was sent to bed. At 10:30, Mrs. Vaughn attempted to wake the defendant; she and her husband called and shook the defendant but were unable to arouse him, so they left him sleeping on the sofa and went to bed. The following morning, when Mrs. Vaughn arose, the defendant had gone. She awakened her daughter, fixed her breakfast, and sent her to school. The child made no complaint to her mother that morning. Later that morning, the defendant returned to the Vaughn's trailer. Mr. Vaughn, the complainant's stepfather, gave essentially the same testimony as his wife with regard to the events of the evening in question.


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