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People v. Grear

AUGUST 21, 1968.

PEOPLE OF THE STATE OF ILLINOIS, APPELLEE,

v.

JAMES W. GREAR, APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. JAMES SULLIVAN, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT. CRIME CHARGED

Public indecency. *fn1

JUDGMENT

After a bench trial, defendant was found guilty and sentenced to thirty days in the House of Correction.

POINTS RAISED ON APPEAL

(1) The case was tried without a jury, although defendant never consented to waiver of a jury trial.

(2) The court abused its discretion in limiting defense counsel's argument.

(3) The court erred in not orally specifying the place of confinement when sentencing defendant.

(4) The complaint failed to charge the offense with sufficient particularity.

(5) Defendant was not proved guilty beyond a reasonable doubt.

EVIDENCE

Vivian Vorisek, for the State.

She is the complainant (age 17 at the time of the incident; 18 at the time of trial). At about 7:30 p.m. on May 26, 1966, she was with a girl friend at the northeast corner of the intersection of Archer and Menard. It was daylight.

Defendant approached the intersection, driving a car west on Archer, and made a right turn onto Menard at 5 to 10 miles per hour. The car turned the corner without stopping and took about five ...


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