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THE PEOPLE v. MUNIZ

No. 38294.

31 Ill.2d 130 (1964)

198 N.E.2d 855

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. CECILIO MUNIZ, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed May 20, 1964.

Attorney(s) appearing for the Case

THOMAS J. MALONEY and STEPHEN LEE, both of Chicago, for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH and E. MICHAEL O'BRIEN, Assistant Attorneys General, and ELMER C. KISSANE and WILLIAM J. NELLIS, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

Mr. JUSTICE UNDERWOOD delivered the opinion of the court:

The defendant, Cecilio Muniz, Sr., was indicted for the murder of his infant son, Cecilio Muniz, Jr. After waiving a jury upon the advice of his retained counsel, defendant was tried by the court, found guilty, and sentenced to the penitentiary for life. On this writ of error defendant seeks remandment, arguing that the court should have impanelled a jury preliminary to trial to determine...

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