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PEOPLE EX REL. GOSHERN v. BABB

No. 33178.

4 Ill.2d 114 (1954)

122 N.E.2d 239

THE PEOPLE ex rel. Elmer Goshern, Plaintiff in Error, v. JOHN E. BABB, Sheriff, Defendant in Error.

Supreme Court of Illinois.

Rehearing denied November 15, 1954.

Attorney(s) appearing for the Case

JOSEPH LUSTFIELD, of Chicago, for plaintiff in error.

LATHAM CASTLE, Attorney General, of Springfield, and JOHN GUTKNECHT, State's Attorney, of Chicago, (JOHN T. GALLAGHER, RUDOLPH L. JANEGA, ARTHUR F. MANNING, and KENNETH E. WILSON, all of Chicago, of counsel,) for defendant in error.

Judgment affirmed.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

The plaintiff in error, Elmer Goshern, hereinafter called relator, filed a petition for a writ of habeas corpus in the criminal court of Cook County praying that he be released from the custody of the sheriff of Cook County, John E. Babb. The sheriff, for his return to the writ, alleged that the relator was in his custody by and under the authority of a Governor's warrant of...

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