PEOPLE v. MURFF

No. 78-167.

69 Ill. App.3d 560 (1979)

387 N.E.2d 920

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. LEO MURFF, Defendant-Appellant.

Appellate Court of Illinois — First District (1st Division).

Opinion filed March 19, 1979.


Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Timothy P. O'Neill, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger, Rimas F. Cernius, and James M. Thunder, Assistant State's Attorneys, of counsel), for the People.


Reversed and remanded.

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.

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