Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

People v. Murff

OPINION FILED MARCH 19, 1979.

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

v.

LEO MURFF, DEFENDANT-APPELLANT.



APPEAL from the Circuit Court of Cook County; the Hon. JAMES SCHREIER, Judge, presiding.

MR. JUSTICE CAMPBELL DELIVERED THE OPINION OF THE COURT:

Defendant, Leo Murff, was convicted in a bench trial of the offense of simple battery and sentenced to a term of two years probation, with a condition that he receive out-patient psychiatric treatment at the Illinois Psychiatric Institute. On appeal, the defendant has raised the issue as to whether the defendant expressly waived his right to a trial by jury.

The following proceedings took place at the outset of defendant's trial on May 24, 1977:

"CLERK: Leonard Murph, Roger Figenbaum, complainant.

COURT: Mr. Morrissey [assistant public defender], what do you have to report?

MR. MORRISSEY: The defendant, in this case, pleads not guilty, asking for immediate trial.

COURT: You are satisfied he understands the nature of the charge, can cooperate with you?

MR. MORRISSEY: Yes.

COURT: Mr. Murph, you are charged with battery, on Roger Figenbaum, you plead not guilty, is that correct?

DEFENDANT: Yes.

COURT: You want to be tried by me today?

DEFENDANT: Since I wouldn't be allowed to have a continuance, I guess I would have to.

COURT: We are going to resolve it today. When you do, Mr. Murph, you waive your right to a jury trial, that means you give up your opportunity to have on trial your case before twelve people from throughout the community, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.