{
  "id": 2878159,
  "name": "The People of the State of Illinois, Defendant in Error, vs. Fred Benjamin, Plaintiff in Error",
  "name_abbreviation": "People v. Benjamin",
  "decision_date": "1966-03-24",
  "docket_number": "No. 38015",
  "first_page": "183",
  "last_page": "187",
  "citations": [
    {
      "type": "official",
      "cite": "34 Ill. 2d 183"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
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  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
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      "cite": "33 Ill.2d 527",
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      "reporter": "Ill. 2d",
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        2882681
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      "cite": "27 Ill.2d 165",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
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    {
      "cite": "23 Ill.2d 147",
      "category": "reporters:state",
      "reporter": "Ill. 2d",
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  "last_updated": "2023-07-14T21:35:21.499506+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois, Defendant in Error, vs. Fred Benjamin, Plaintiff in Error."
    ],
    "opinions": [
      {
        "text": "Mr. Chief Justice Klingbiel\ndelivered the'opinion of the court:\nFollowing a bench trial in the circuit court of Cook County the defendant was found guilty under two indictments charging the unlawful sale of narcotics and was sentenced to the penitentiary for concurrent terms of not less than 10 nor more than 20 years.\nThe defendant argues on this writ of error that the court erred in denying his motion for a discharge on the ground that he was not tried within four months of his confinement on the charge. It appears from the record that prior to December 20, 1961, the defendant had been confined in jail on a larceny charge. On that date a warrant for defendant\u2019s arrest on the narcotics charge was lodged at the jail and defendant remained in confinement from that date to May 23, 1962, the date of trial. On April 30, 1962, the defendant filed a motion for discharge which was denied. Since more than four months had elapsed since December 20, 1961, the date of defendant\u2019s confinement on the narcotics charge, he was entitled to a discharge unless he caused or contributed to the delay. People v. Perry, 23 Ill.2d 147.\nThe record shows that at a preliminary hearing held on January 23, 1962, on the larceny charge and the narcotics charges, an attorney, Maurice Scott, requested a continuance until February 1 in both cases. The defendant, who was present in court, did not object. When the defendant appeared for arraignment on March 26 on the narcotics charges, the following occurred:\n\u201cMr. Duffy [an assistant Public Defender]: Judge, in this case, he thinks he may have a lawyer, but he\u2019s not sure.\nThe Court : Who is it ?\nThe Defendant : Well, it was Scott. I don\u2019t know if he\u2019s going to be in court.\nThe Court : Do you want to wait a while ?\nThe Defendant : He don\u2019t know.\nMr. Duffy: He wants about a week\u2019s continuance to get in touch with Scott. Is that correct?\nThe Defendant: Yes.\u201d\nDefendant argues that the first continuance cannot be charged to him because Scott did not represent him in the narcotics cases, but only on the larceny charge. Other than the defendant\u2019s testimony at the hearing on the motion for discharge there is nothing to support this claim, and it is refuted by the defendant\u2019s acquiesence at the time Scott requested the continuance and his statement on March 26 that Scott had been his attorney. In our opinion the continuance to February 1 was at the request of the defendant. In the alternative, the defendant argues that a continuance of a preliminary hearing even at the request of the defendant does not toll the statute. We have held that such a continuance is sufficient to toll the statute and defendant\u2019s argument cannot be sustained. People v. Bagato, 27 Ill.2d 165; People v. Petropoulos, ante. p. 179.\nAlthough what we have said is enough to dispose of the defendant\u2019s claim, we feel that it is appropriate to observe that the continuance granted on March 26 was also chargeable to the defendant. The defendant said he thought he had an attorney who was not present and agreed with the suggestion of the Public Defender that a continuance be granted. We are of the opinion that the defendant\u2019s claim that he was entitled to discharge has no merit.\nThe defendant\u2019s second contention may be shortly disposed of. He argues that the indictment was insufficient in that it did not sufficiently allege the place of the crime. In People v. Blanchett, 33 Ill.2d 527, we held that an indictment was sufficient if it alleged the crime occurred within the county in which the indictment was returned. The indictment in the present case alleged that the crime occurred in Cook County and was sufficient.\nThe defendant\u2019s final claim is that his jury waiver was not understanding^ made. The record shows the following proceedings at the time the waiver was made:\n\u201cThe Court: Are you ready for trial?\nMr. Moran: [An asst. Public Defender] Yes, Judge.\nThe Court : Is the State?\nMr. Wolfe [an asst. State\u2019s Attorney] : Yes.\nMr. O\u2019Malley [an asst. State\u2019s Attorney] : Yes.\nThe Court : And you want a trial by jury?\nMr. Moran : No, it will be a bench trial, Judge.\nThe Court: Very well, with that understanding, ask the defendant then, please, to sign two jury waivers.\n(Jury waivers were signed.)\nThe Court : May I have the waivers, please. Benjamin, you apparently are indicted here in two indictments, each of which charge you with the unlawful sale of narcotic drugs. Do you understand that?\nThe Defendant : Yes, sir.\nThe Court : Beg pardon ?\nThe Defendant : Yes, sir.\nThe Court: And do you also understand that on these charges you have a right to be tried by a jury if you wish to be, and that you also have the right to waive trial by jury? Do you understand that?\nThe Defendant : Yes, sir.\nThe Court : The answer is yes?\nThe Defendant : Yes, sir.\nThe Court: By signing these papers you are waiving your right to trial by jury and be tried by the Court ?\nThe Defendant: Well, I \u2014 yes, I would like \u2014 it doesn\u2019t \u2014 I don\u2019t\u2014\nMr. Moran : Do you want a bench trial ?\nThe Defendant : Yes, a bench trial.\nThe Court : Is that what you want?\nThe Defendant : Yes, sir.\u201d\nCounsel for the defendant argues that the defendant\u2019s reply to the court\u2019s inquiry as to whether he wanted to waive a jury trial indicated that he did not knowingly and intelligently waive that right. In view of the entire proceedings we are of the opinion that the record shows that he was adequately admonished as to his rights, that he understood that a bench trial was not a trial by jury, and that, while represented by counsel, he knowingly waived his right to trial by jury.\nThe judgment of the criminal court of Cook County is affirmed.\nJudgment affirmed.",
        "type": "majority",
        "author": "Mr. Chief Justice Klingbiel"
      }
    ],
    "attorneys": [
      "Oscar O. D\u2019Angelo, of Chicago, appointed by the court, for plaintiff in error.",
      "William G. Clark, Attorney General, of Springfield, and Daniel P. Ward, State\u2019s Attorney, of Chicago, (Fred G. Leach, Assistant Attorney General, and Elmer C. Kissane and E. Roger Horsicy, Assistant State\u2019s Attorneys, of counsel,) for the People."
    ],
    "corrections": "",
    "head_matter": "(No. 38015.\nThe People of the State of Illinois, Defendant in Error, vs. Fred Benjamin, Plaintiff in Error.\nOpinion filed March 24, 1966.\nOscar O. D\u2019Angelo, of Chicago, appointed by the court, for plaintiff in error.\nWilliam G. Clark, Attorney General, of Springfield, and Daniel P. Ward, State\u2019s Attorney, of Chicago, (Fred G. Leach, Assistant Attorney General, and Elmer C. Kissane and E. Roger Horsicy, Assistant State\u2019s Attorneys, of counsel,) for the People."
  },
  "file_name": "0183-01",
  "first_page_order": 183,
  "last_page_order": 187
}