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The People v. Pierce

OPINION FILED MARCH 24, 1966.

THE PEOPLE OF THE STATE OF ILLINOIS, DEFENDANT IN ERROR,

v.

BRUCE PIERCE, PLAINTIFF IN ERROR.



WRIT OF ERROR to the Circuit Court of Cook County; the Hon. THOMAS H. FITZGERALD, Judge, presiding. MR. JUSTICE HERSHEY DELIVERED THE OPINION OF THE COURT:

Rehearing denied May 18, 1966.

Defendant, Bruce Pierce, was indicted in the circuit court of Cook County, criminal division, for rape, indecent liberties and deviate sexual conduct. His motion for discharge on the ground of former jeopardy was denied, and he thereafter pleaded guilty and was sentenced to the penitentiary for a term of 5 to 10 years. On this appeal, defendant contends that the trial court erred in denying his motion for discharge.

We will first review in some detail the various proceedings which took place in this case. On October 21, 1962, the State's Attorney of Cook County filed eleven complaints against defendant in the then municipal court of Chicago. Seven of the complaints charged him with indecent liberties, two charged him with rape, and two with deviate sexual assault.

On the next day, October 22, 1962, defendant was brought before Judge F. Emmett Morrissey who was then a judge of the municipal court of Chicago. Insofar as is here relevant, the following colloquy took place between the court, assistant State's Attorney Edmund Roman, and the defendant:

"THE COURT: Are you Bruce Pierce?

MR. PIERCE: Yes, sir.

THE COURT: You're charged with indecent liberties with a child. How many charges are there.

MR. ROMAN: There's quite a few.

MR. PIERCE: I'd like to plead guilty, sir.

THE COURT: You'd like to plead guilty?

MR. PIERCE: Yes, sir.

MR. ROMAN: The officer went downstairs to get a direct indictment. Do you want to pass this?

MR. PIERCE: Let me plead, ...


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