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COSTAS v. THE PEOPLE

No. 34017.

9 Ill.2d 534 (1956)

138 N.E.2d 468

JOHN COSTAS, Appellant, v. THE PEOPLE OF THE STATE OF ILLINOIS, Appellee.

Supreme Court of Illinois.

Opinion filed November 26, 1956.

Attorney(s) appearing for the Case

GEORGE J. COTSIRILOS, and JOHN J. COGAN, both of Chicago, for appellant.

LATHAM CASTLE, Attorney General, of Springfield, and JOHN GUTKNECHT, State's Attorney, of Chicago, (FRED G. LEACH, EDWIN A. STRUGALA, GORDON B. NASH, CHARLES D. SNEWIND, and WILLIAM SYLVESTER WHITE, of counsel,) for appellee.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

In July of 1954 John Costas pleaded guilty to an indictment for murder and was sentenced to imprisonment in the penitentiary for a term of 50 years. In September of 1955 he filed a "petition in the nature of a writ of error coram nobis," by which he sought to have the judgment of conviction vacated. His petition was dismissed upon motion and he appeals.

Technically, the...

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