The PEOPLE v. Richardson

John Richardson was convicted of the offense of attempt (Ill. Rev. Stat. 1963, chap. 38, par. 8 — 4) in a bench trial in the circuit court of Cook County and sentenced to the Illinois State Penitentiary for a term of 1 to 3 years. He prosecutes this writ of error, contending his constitutional right to a jury trial was not understanding^ and knowingly waived, and that the proof failed to establish the material allegations of the indictment or that any crime had in fact been committed.

The common-law record originally filed did not contain a written jury waiver, and defendant argues its absence…