[Download] "American Food Management, Inc. v. Henson" by Illinois Appellate Court — Fifth District Affirmed In Part As Modified And Reversed In Part ~ eBook PDF Kindle ePub Free
eBook details
- Title: American Food Management, Inc. v. Henson
- Author : Illinois Appellate Court — Fifth District Affirmed In Part As Modified And Reversed In Part
- Release Date : January 02, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
Following a jury trial, defendant was convicted of attempted rape, armed robbery, and armed violence based upon attempted rape (Ill. Rev. Stat. 1981, ch. 38, pars. 8-4, 18-2, 33A-2) and sentenced to extended concurrent terms of 40 years on the armed robbery and armed-violence convictions. Because the attempted-rape charge was the predicate offense of the armed-violence charge, no sentence was entered on the attempted-rape conviction. On appeal, defendant contends that: (1) he was denied his constitutional right to counsel at the lineup; (2) the trial court abused its discretion in denying defendants motion in limine to exclude the use of his prior rape conviction for impeachment purposes; (3) he was denied his right to a fair trial by the States improper cross-examination of defense witnesses regarding their prior convictions and also by the States improper closing argument; (4) his conviction for armed violence must be reversed because (a) the indictment failed to allege the length of the knife blade, an essential element of the offense, (b) the jury was not instructed as to the definition of "dangerous weapon" and also made no findings as to the length of the blade, and (c) the State failed to produce any evidence that the knife blade allegedly used during the underlying offense was in fact a dangerous weapon as defined by the statute; and (5) the trial court erred in not vacating the attempted-rape conviction. For the reasons that follow, we affirm the convictions for armed robbery and armed violence predicated upon attempted rape and vacate the judgment for attempted rape.
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