APPEAL from the Circuit Court of Cook County; the Hon. WILLIAM
F. FITZPATRICK, Judge, presiding.
MR. JUSTICE BARRETT DELIVERED THE OPINION OF THE COURT:
Defendant was charged with the offense of theft. (Ill. Rev. Stat. 1973, ch. 38, par. 16-1.) After a bench trial, he was found guilty and was sentenced to a term of 30 days in the House of Correction.
On appeal, defendant raises three contentions: (1) the record does not reflect that he knowingly and understandingly waived his right to trial by jury; (2) statements made by him during the course of a custodial interrogation were improperly admitted into evidence; and (3) certain hearsay testimony was prejudicial.
Defendant's case was called for trial along with the cases of a Mr. Long and a Mr. Arnold. The following occurred:
"MR. SIMKIN [Assistant State's Attorney]: We will be ready to dispose of this matter.
THE COURT: Are you ready for trial? Do you have an attorney?
MR. DURHAM [defendant]: No.
THE COURT: I will appoint the Public Defender. Pass it."
After an interval of time, the following proceedings were had:
"MR. SIMKIN: Mr. Long's case has been nolle'd, or SOL'd. Mr. Arnold is one year probation.
Have you talked to Mr. Durham?
MR. LASKO [Assistant Public Defender]: We are ready for trial on that one.
MR. SIMKIN: The state will answer ready for trail [sic] on Mr. Durham. We will be ready.
THE COURT: Mr. Durham is charged with petty theft. What is the plea?
THE COURT: Do you waive ...