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People v. Anthony

NOVEMBER 19, 1969.

PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

EDWARD ANTHONY, DEFENDANT-APPELLANT.



Appeal from the Circuit Court of Cook County; the Hon. GORDON NASH, Judge, presiding. Judgment affirmed.

MR. JUSTICE LEIGHTON DELIVERED THE OPINION OF THE COURT.

Defendant was charged with unlawful possession of a narcotic drug. He waived trial by jury, was found guilty and sentenced to serve not less than five nor more than six years. He appeals and presents for review the issues: (a) whether the trial court should have accepted his jury waiver; (b) whether the State proved him guilty beyond a reasonable doubt.

When defendant was brought to trial, his counsel addressed the court:

"Mr. Sheppard: May I have a jury waiver, Mr. Clerk?

"May it please the Court, there stands before Your Honor the defendant, Edward Anthony. For the record, my name is Albert M. Sheppard, and my appearance has been on file for this defendant. We wish to advise the Court that we are ready for trial.

"We wish to waive the right to trial by jury and to submit this matter for trial both on the law and the facts to Your Honor for judgment.

"May I put a question to my client, Your Honor?

"Mr. Anthony, you have been advised as to your constitutional right to a trial by jury. You have told me that you want the case tried by His Honor, is that correct?

"The Defendant: Correct.

"Mr. Sheppard: All right, I hand you hereby a jury waiver and I ask you to sign the same.

"Ready for trial.

"Plea of not guilty.

"Mr. Moran: (Assistant State's Attorney) You have admonished your client of his right to ...


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