APPEAL from the Circuit Court of Cook County; the Hon. SAUL A.
EPTON, Judge, presiding.
MR. JUSTICE ADESKO DELIVERED THE OPINION OF THE COURT:
Following a jury trial in the Circuit Court of Cook County, the defendant, Raymond Cooper, was found guilty of murder, burglary, and robbery and was sentenced to serve concurrent terms of 14 to 18 years for murder, 2 to 4 years for burglary and 2 to 4 years for robbery.
On appeal the defendant's contentions are the following:
(1) The defendant did not knowingly and understandingly waive his Miranda rights, and, concomitantly, no weight should be given to the trial court's ruling on the motion to suppress;
(2) The trial judge erred by failing to give defendant's withdrawal instruction;
(3) Reversible error was committed when a confession instruction, rather than an admission instruction, was submitted to the jury; and
(4) The robbery and burglary arose from the same act.
On August 16, 1971, a hearing was held on defendant's motion to suppress the following statement, made on October 6, 1970, by Cooper before Chicago Police Investigators William Nolan and William Foster:
"Nolan: What is your name, age, address and date of birth?
Cooper: Raymond Cooper, I'm 17 and live at 4342 W. 21st Pl. May 19, 1953.
Nolan: What is your business or occupation and with whom do you reside?
Cooper: I am unemployed at this time and I live with my parents.
Nolan: Do you know where you are at this time and for what reason?
Cooper: I'm at the Maxwell St. Police Station and I'm here to tell you what I know about the lady that was found dead downstairs from where Reginald Stenson lives.
Nolan: You mean Reginald Stenson who lives at 4258 W. 21st Pl. on the second floor and who is presently charged with the murder of this lady who is identified as Leola Thompson?
Cooper: Yes that is the same one.
Nolan: Now Raymond before we go any further you have been told that you also face possible charges in this murder is that right?
Cooper: Yes that is right?
Nolan: Knowing this and also the fact that you have been warned of your constitutional rights to remain silent, that you have a right to have an attorney before any statement you give, that anything you say can and will be used against you at a later date in a court of law and also that if you cannot afford to hire an attorney the State will provide one for you and that attorney can be present before you answer any questions or give any statement, ...