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People v. Williams

MAY 6, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

TOMMIE WILLIAMS, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. HERBERT C. PASCHEN, Judge, presiding. Judgment affirmed.

MR. JUSTICE BURKE DELIVERED THE OPINION OF THE COURT.

Defendant was found guilty at a bench trial of the crime of robbery and was sentenced to a term of one year to three years in the penitentiary. On appeal his sole contention is that he did not knowingly and understandingly waive his right to a trial by jury.

After the case was called and both sides announced they were ready for trial, the following colloquy occurred:

The Court: Is this a bench or a jury?

Mr. Vyzral (defendant's attorney): It will be a bench trial, Judge.

Mr. Horsky (assistant state's attorney): Will you execute a jury waiver?

The Court: Yes. Will you come forward?

Mr. Williams, your counsel advises me that you wish to waive your right to a jury trial and submit your cause to the court. Before permitting you to do so, it is my duty to advise you that under the law you have a right to a jury trial, if you desire.

Knowing your right, your legal right to a jury trial, do you wish to waive your right to a jury trial and submit your case to this court without a jury?

Mr. Vyzral: Do you understand that?

Defendant: (Nodding.)

Mr. Vyzral: Do you want to waive a jury?

Defendant: No.

The Court: Do you want a jury or ...


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