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PEOPLE v. POTTER

No. 33418.

5 Ill.2d 365 (1955)

125 N.E.2d 510

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. SILAS POTTER, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed March 24, 1955.

Attorney(s) appearing for the Case

WILLIAM J. CALLAHAN, 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, LEO POCH, and ROBERT J. SMITH, of counsel,) for the People.

Judgment reversed.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

Plaintiff in error, Silas Potter, hereinafter referred to as the defendant, was indicted for the crime of reckless homicide. On arraignment before the criminal court of Cook County, he presented an oral motion to quash the indictment and afterward entered a plea of not guilty. Later, the not guilty plea was withdrawn and a written motion to...

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