Appeal from the Circuit Court of McHenry County, Nineteenth
Judicial Circuit; the Hon. WILLIAM GLEASON, Judge, presiding.
JUSTICE THOMAS J. MORAN DELIVERED THE OPINION OF THE COURT.
This matter is transferred to this court upon the order of the Supreme Court.
Defendant, Fred W. Diesel, after a bench trial was convicted of gambling and was fined $25 and costs.
The charge grew out of an incident which occurred on May 6, 1969, when Police Officers May and Molitor, of the Crystal Lake Police Department, entered Christopher's Lounge in Crystal Lake, Illinois. According to the testimony of the officers, they discovered six men sitting at a round, wooden table; each was observed to be holding cards in his hands. United States currency, in bills and change, were in front of each of the men and some currency was toward the center of the table. As the officers approached, the men placed the currency in their pockets. A deck of playing cards was confiscated by the officers.
The report of proceedings reflects that on June 16, 1969, the following colloquy took place between the defendant and the court:
THE COURT: "Mr. Diesel?" A. "Yes, sir."
THE COURT: "You are charged with Gambling?" A. "Not guilty."
THE COURT: "I will place it on the Jury Call."
FRED DIESEL: "Can I waive the jury call?"
THE COURT: "Yes, Jury is waived."
FRED DIESEL: "I am going to be out of town the month of July."
THE COURT: "I am going to set it for August the 18th, 1969, at one-thirty (1:30 p.m.). Be here at that time."
FRED DIESEL: "All right."
A waiver of trial by jury, signed by the defendant, was ...