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People v. Brownlow

SEPTEMBER 17, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

JAMES BROWNLOW AND LARRY BROWNLOW, DEFENDANTS-APPELLANTS.



Appeal from the Circuit Court of Cook County; the Hon. ARTHUR V. ZELEZINSKI, Judge, presiding. Reversed and remanded.

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

Aggravated battery. Ill Rev Stats (1967), c 38, §§ 12-4(a) and 12-4(b) (6).

JUDGMENTS

After a bench trial, both defendants were found guilty of aggravated battery in causing great bodily harm to Edwin Cardish (§ 12-4(a)) and defendant James Brownlow was found guilty of aggravated battery in committing a battery upon Leo Marks, knowing him to be a peace officer (§ 12-4(b)(6)). James Brownlow was given concurrent sentences of one year in the House of Correction. Larry Brownlow was sentenced to one year at the Illinois State Farm.

ISSUES RAISED ON APPEAL

1. Defendants were not proven guilty of the battery of Edwin Cardish.

2. Defendants did not knowingly waive their right to a jury trial.

EVIDENCE

When the case was called for trial, with both defendants and their attorney (Asst. Public Defender Scheffler) present in open court, the following took place:

THE COURT: "State ready?"

MR. LANE: "State is ready."

(Discussion off the record between Mr. Scheffler and the defendants.)

THE COURT: "Mr. Public Defender, are you ready?"

MR. SCHEFFLER: "Ready."

THE CLERK: "They are all charged with aggravated battery.

"James Brownlow has two counts of aggravated battery, all on felonies. ...


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