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PEOPLE v. BIVENS

Gen. No. 53,834.

123 Ill. App.2d 79 (1970)

259 N.E.2d 607

People of the State of Illinois, Plaintiff-Appellee, v. Leroy Bivens, Defendant-Appellant.

Appellate Court of Illinois — First District, Third Division.

April 2, 1970.

Attorney(s) appearing for the Case

Gerald W. Getty, Public Defender of Cook County, of Chicago (Nunzio Tisci, James N. Gramenos, 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, Robert Kelty, and Paul P. Biebel, Jr., Assistant State's Attorneys, of counsel), for appellee.

MR. JUSTICE McNAMARA delivered the opinion of the court.

Defendant, Leroy Bivens, was charged with the crime of burglary. After a bench trial, he was found guilty of that crime and sentenced for a term of four to twelve years. He appeals, contending that the court erred in accepting his jury waiver and that he was not proved guilty of burglary beyond a reasonable doubt. The facts are as follows.

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