People v. Welsh

Mr. JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

A jury found defendant guilty of murder and he was sentenced to a term of 60 to 100 years in the penitentiary. He appeals, contending that the trial court erred in accepting his jmy waiver for a pretrial competency hearing and, on sentencing, improperly considered a rape charge of which defendant had been acquitted.

The murder with which defendant stands convicted was committed in September of 1962. On January 28, 1963, he entered pleas of not guilty to one count of murder and one count of rape. On the same day, a jury adjudged…