Appeal from the Circuit Court of Cook County, Criminal
Division; the Hon. ALEXANDER J. NAPOLI, Judge, presiding.
Judgment amended and as amended affirmed.
MR. JUSTICE DRUCKER DELIVERED THE OPINION OF THE COURT.
After a bench trial in 1962 the defendant, Clark Crable, was convicted of armed robbery and was sentenced to the penitentiary for a term of not less than three nor more than eight years.
1. Defendant did not understandingly waive his right to a jury trial;
2. Defendant was not proven guilty beyond a reasonable doubt;
3. Appointed defense counsel was incompetent.
Facts and Opinion Relating to the Jury Waiver
Prior to the formal signing of the jury waiver the following colloquy took place in open court among the trial judge, defendant and defense counsel:
Court: All the witnesses in the Crable case, step forward, please.
Is this a bench trial or a jury trial?
Defense Counsel: Judge, I have discussed this matter with the defendant Clark Crable. He wishes to waive his right to a trial by jury and submit this matter to the Court as a bench trial. Is that right, Clark? What's your answer?
Defendant: Yes. I will take a jury.
Defense Counsel: Take a what? Take a jury?
Court: He wants a jury trial. All right. All Right, we will give him a jury trial.
Defense Counsel: Keep your ...