Appeal from the Circuit Court of Cook County; the Hon. Robert
J. Downing, Judge, presiding.
MR. JUSTICE WARD DELIVERED THE OPINION OF THE COURT:
The defendant, Gonzalo Auilar, was found guilty by a jury in the circuit court of Cook County of the murder of Virginia Hunter and sentenced to not less than 20 nor more than 60 years in the penitentiary. His appeal was taken directly to this court under our Rule 603. Ill. Rev. Stat. 1969, ch. 110A, par. 603.
On September 24, 1970, the body of Virginia Hunter was found lying face down in a pool of blood in her apartment in Chicago. Death had been caused by a blow to the head which crushed her skull. A brick and a Viceroy cigarette were found near the body. It was later ascertained that two television sets, four transistor radios (one was an Orion make) and an alarm clock were missing from the apartment.
Four days later Gonzalo Auilar and Edwardo Medina came to the 19th district police station. Medina said to Officer Quentin Muntainer that the police had been looking for Auilar. The defendant then walked up to Muntainer, who placed him under arrest. He advised Auilar that he did not have to make a statement or say anything; he told him, too, he had a right to have an attorney present, and did not have to sign anything. The defendant was not then questioned but was transferred to another police station.
There Officer William McCoy asked Auilar his name, place of employment and if he had been involved in a homicide. The defendant stated he had been. Officer McCoy then said to the defendant:
"Q. Before I go any further, I am going to advise you of your constitutional rights. You have the right to remain silent. Do you understand that?
Q. Anything you say will be used against you. Do you understand that?
Q. You have a right to consult an attorney, do you understand that?
Q. You have the right to have an attorney present during this questioning, do you understand that?
Q. If you can't afford an attorney, the Court will provide one for you; do ...