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The People v. Heidman

OPINION FILED NOVEMBER 30, 1967.

THE PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

CATHERINE HEIDMAN, APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. THOMAS R. McMILLEN, Judge, presiding.

MR. JUSTICE SCHAEFER DELIVERED THE OPINION OF THE COURT:

The defendant, Catherine Heidman, was indicted for the offense of abortion. (Ill. Rev. Stat. 1965, chap. 38, par. 23-1.) She was represented by counsel of her own choice, tried by the court without a jury, found guilty, and placed on probation for 3 years, the first 90 days to be served in the House of Correction. On this appeal she does not dispute that the evidence was sufficient to establish her guilt, but does contend that her constitutional rights were violated because the trial judge did not impanel a jury to determine whether she was physically competent to stand trial, and because she did not understandingly and voluntarily waive a jury trial.

These contentions stem from the following colloquy that took place when her case was called for trial:

"The Court: Ready to proceed?

Mr. Suth (Defendant's attorney): Ready for trial by this Court, plea of not guilty, jury waived, your Honor.

Mr. Oplatka (Assistant State's Attorney): The State is ready.

The Court: Has the defendant been apprised of her rights to trial by jury?

Mr. Suth: Yes, sir.

The Court: Does she understand she has this right under the laws of the State of Illinois?

Mr. Suth: Yes.

The Court: And she does not desire to proceed with a jury?

Mr. Suth: No, sir.

The Court: Is that correct?

The defendant: I am ...


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