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3 Ill. App. 3d 621

People v. Manion

Appellate Court of Illinois

Decided February 1, 1972

Appellate Court of Illinois · decided 1972-02-01

Cited by 2 later decisions — most recently September 1979

2 state decisions

Relies on 48 Ill. 2d 54 - People Ex Rel. Filkin v. Flessner · People v. Albers

Good law ✅— No negative treatment on recordhow we know

Decided 1972-02-01

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Mr. PRESIDING JUSTICE TRAPP

¶1delivered the opinion of the court:

¶2Upon bench trial, defendant was convicted of speeding — a violation of Ill. Rev. Stat. 1969, ch. 95½, 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.

¶3In 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%, par. 234. The same statutory provisions are in effect as in People v. Albers (Ill.App.2d), 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.

¶4Reversed and remanded with directions.

¶5SMITH and CRAVEN, JJ., concur.

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