People v. Thompson

Defendants were jointly found guilty in a bench trial of the delivery of a controlled substance (heroin, less than 30 grams), in violation of section 401(b) of the Illinois Controlled Substances Act (Ill. Rev. Stat. 1971, ch. 56*2, par. 1401(b)). In this appeal, they do not challenge the sufficiency of the evidence but contend only that the trial court was without jurisdiction to vacate its earlier order granting them a new trial and that, in any event, there was no valid waiver of a jury trial.

The facts are not disputed. Defendants were found guilty on January 31, 1974, and the court…