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People v. Monden

OCTOBER 8, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

EDDIE MONDEN, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. JACQUES F. HEILINGOETTER, Judge, presiding. Affirmed.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT.

OFFENSE CHARGED

Armed robbery. Ill Rev Stats (1965), c 38, § 18-2.

JUDGMENT

After a bench trial, defendant was found guilty of armed robbery and sentenced to a term of 2 to 5 years.

CONTENTION ON APPEAL

Defendant's only contention on appeal is that the court erred in accepting his jury waiver.

EVIDENCE

When the case was initially called for trial, defendant and his attorney (Asst. Public Defender Toole), along with the co-defendant, Taylor, engaged in the following colloquy with the court:

THE CLERK: "Theodore Taylor, Eddie Monden."

MR. TOOLE: "May I have a jury waiver, please?"

THE COURT: "Is this a bench or a jury?"

MR. TOOLE: "It is a bench, Judge."

THE COURT: "Is that correct, ...


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