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People v. Bedford

OPINION FILED JUNE 7, 1976.

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

v.

VICTOR LEE BEDFORD, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Winnebago County; the Hon. JOHN E. SYPE, Judge, presiding.

MR. JUSTICE RECHENMACHER DELIVERED THE OPINION OF THE COURT:

Defendant appeals from a judgment on a jury verdict of guilty on two counts of an information charging him with attempted murder and armed robbery and from two concurrent sentences of 4 to 12 years.

On September 17, 1973, defendant and Melvin Jordan (who is not a party to this appeal) were charged in a three-count information with attempt murder, armed robbery and robbery, arising out of an incident which occurred August 25, 1973, in Winnebago County, Illinois.

The attempt murder count charged defendant and Jordan with attempt "in that they, with the intent to commit the offense of murder, attempted to kill and murder Harold Charles Fuzzell, in violation of Par. 8-4, Chapter 38, Illinois Revised Statutes."

• 1 It is appropriate to consider at this point defendant's contention that the attempt murder information is invalid because it fails to allege any substantial step toward the commission of the offense. We had occasion to pass upon and reject an identical contention in People v. Mass, 31 Ill. App.3d 759, 760-62, where we fully stated our reasons for holding that an information in similar language was sufficient to sustain the conviction for attempted murder. See also People v. Abney, 31 Ill. App.3d 768.

At defendant's arraignment on September 20, 1973, both he and his co-defendant were in court and were represented by counsel. The trial judge read to them the three counts of the information, and made sure that both were well informed as to the nature of the charge. After fully reciting the defendants' right to have the charges considered by a grand jury, if they wished, the following colloquy took place:

"THE COURT: * * * [I]t is up to you whether you wish to waive your right to have this matter considered first by the Grand Jury before you are brought to trial, do you understand that?

MR. BEDFORD: Yes.

THE COURT: Have you discussed this with your attorney, Mr. Nicolosi?

MR. BEDFORD: Yes.

THE COURT: It is your desire to waive or give up your right to have the Grand Jury indict you, and consider these cases that before I mentioned?

MR. BEDFORD: I want to waive the Grand Jury.

THE COURT: You are doing this on the advice of counsel, ...


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