People v. Manion
| Decision Date | 01 February 1972 |
| Docket Number | Gen. No. 11525 |
| Citation | 3 Ill.App.3d 621,278 N.E.2d 175 |
| Parties | PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Paul T. MANION, Defendant-Appellant. |
| Court | United States Appellate Court of Illinois |
Richard J. Doyle, of Manion & Doyle, Hoopeston, for respondent-appellant.
Everett L. Laury, State's Atty., Vermilion County, Danville, for petitioner-appellee.
Upon bench trial, defendant was convicted of speeding--a violation of Ill.Rev.Stat.1969, Ch. 95 1/2, par. 146(b), also known as par. 49(b) of the Uniform Act Regulating Traffic. Upon his appearance, defendant filed a written motion for jury trial. The court denied such motion and defendant appeals.
In People ex rel. Filkin v. Flessner, 48 Ill.2d 54, 268 N.E.2d 376, the Supreme Court held that a statutory right to jury trial for offenses of this quality prevailed by reason of Ill.Rev.Stat.1967, ch. 38, par. 103--6, ch. 38, par. 102--15 and ch. 95 1/2, par. 234. The same statutory provisions are in effect as in People v. Albers, Ill.App., 271 N.E.2d 112. The judgment below is reversed and this cause is remanded for a new trial with directions to grant the motion of defendant for a jury trial.
Reversed and remanded with directions.
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...We do not believe that this is a sound contention. People v. Woerly, 50 Ill.2d 327, 278 N.E.2d 787 (1972) and People v. Manion, 3 Ill.App.3d 621, 278 N.E.2d 175 (1970), cited by defendant as authority for such argument, are distinguishable on their facts from the instant case. In both Woerl......
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...The Code defines an offense as a violation of any penal statute. (Ill.Rev.Stat.1977, ch. 38, par. 102-15.) In People v. Manion (1972), 3 Ill.App.3d 621, 278 N.E.2d 175, it was held that these statutory provisions created a right to a jury trial for a person charged with the offense of In th......