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PEOPLE v. SPENCER

Gen. No. 53,142.

115 Ill. App.2d 398 (1969)

253 N.E.2d 672

People of the State of Illinois, Plaintiff-Appellee, v. Kurt Spencer, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

October 9, 1969.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (Herbert Becker, Norman W. Fishman, and James J. Doherty, Assistant Public Defenders, of counsel), for appellant.

Edward V. Hanrahan, State's Attorney of Cook County, of Chicago (Elmer C. Kissane and James S. Veldman, Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE SCHWARTZ delivered the opinion of the court.

In a nonjury trial the defendant was found guilty of theft of a ring valued at more than $150. The court after a hearing in aggravation and mitigation imposed a sentence but immediately put the defendant on probation for three years, the first thirty days thereof to be spent in the House of Correction. As the only contention raised on appeal is that defendant's waiver of his right to a jury trial was not "understandingly...

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