WRIT OF ERROR to the Criminal Court of Cook County; the Hon.
B. FAIN TUCKER, Judge, presiding.
MR. JUSTICE UNDERWOOD DELIVERED THE OPINION OF THE COURT:
The defendant, John Randall, was indicted by the Cook County grand jury on three separate counts charging sale, possession and dispensing of narcotic drugs, to-wit: cannabis, sometimes called marijuana. The indictment was returned January 4, 1960, defendant posted bond on January 7, 1960, and on January 22, 1960, defendant, while represented by counsel of his own choice, pleaded not guilty, and the cause was assigned to Judge Tucker for trial. On March 28, 1960, the defendant appeared before Judge Tucker and by his counsel withdrew his plea of not guilty and pleaded guilty to the charges in the indictment.
The record shows that the defendant was personally present in court at the time his attorney withdrew the plea of not guilty and entered a plea of guilty "to this indictment." The defendant was then sworn and the court specifically reviewed each of the counts of the indictment, explained the punishment which could be given him on each count, and specifically asked the defendant if he understood what the sentencing could be under each count, and the defendant answered in the affirmative to each question.
The record further indicates that after the defendant had indicated that he understood what the punishment could be under each count of the indictment, the following then transpired:
"The Court: Knowing that, do you still see fit to enter a plea of guilty?
The Defendant: Well, I would like to say this one thing.
The Court: Well, either plead guilty or not, sir.
The Defendant: Well, I have to plead guilty.
The Court: Are you pleading guilty because you are in fact guilty?
The Defendant: Well, that's what I would like to explain to you. I am guilty.
The Court: All right. Have any promises of clemency or any other representations of any type been made to you?
The Defendant: No, ma'am.