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People v. Karabatsos

JANUARY 8, 1971.

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE,

v.

PETER KARABATSOS, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. EDWIN C. HATFIELD, Judge, presiding.

MR. JUSTICE ENGLISH DELIVERED THE OPINION OF THE COURT:

Offense Charged

Battery. Ill. Rev. Stat. 1967, ch. 38, par. 12-3.

Judgment

After a bench trial, defendant was found guilty and fined $35 plus $10 costs.

Contentions Raised on Appeal

Defendant was denied his constitutional right to counsel.

Defendant was denied his constitutional right to a trial by jury.

The trial court was without jurisdiction to hear charges against the defendant because the defendant was neither arraigned nor permitted to enter a plea.

Defendant was deprived of his right to compel the attendance of witnesses in his own behalf.

Opinion

The record shows that on April 11, 1968, Victor Foler signed a complaint against defendant charging him with battery in that he punched the complainant in the face, knocked him down, and kicked him in the chest. An arrest warrant was issued the same day and a trial was held May 21, 1968. The defendant was found guilty as charged and his motions for a new trial and in arrest of judgment were denied.

In his brief and in oral argument, counsel for defendant presented the following "statement of facts": On April 17, 1968, defendant signed a complaint against Victor Foler and an arrest warrant issued. That case and the case against defendant were called together by the trial court on May 21, 1968. Defendant's counsel, who was not present, had advised his client to inform the trial judge that he had retained counsel who would be late, and to request a continuance if the case was called before he arrived. When the cases were called, defendant approached the bench and was sworn. Defendant was directed to testify as the State's witness against Foler, may not have known that he, himself, was on trial, and tried to advise the court that he was waiting for his attorney, "but to no avail." When his attorney arrived, defendant was before the court and had already been found guilty.

• 1 No part of the foregoing "statement of facts" appears in the record. There was no reporter in court at the time, and the proceedings were not presented to this court in any of the ways authorized by Supreme Court Rule 323(c) and (d). (Ill. Rev. Stat. 1967, ch. 110A, par. 323(c) and (d).) Were this not so, our decision in this case might well be otherwise, but we must adhere to matters of record properly ...


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