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PEOPLE EX REL. PRYOR v. LOHMAN

Gen. No. 47,019.

13 Ill. App.2d 335 (1957)

142 N.E.2d 156

People ex rel. J. Roger Pryor, Relator-Appellant, Thaddeus B. Rowe, Petitioner-Appellant, v. Joseph D. Lohman, Sheriff of Cook County; Jack Johnson, Warden of Cook County Jail, Appellees.

Appellate Court of Illinois — First District, Second Division.

Released for publication May 21, 1957.

Attorney(s) appearing for the Case

Moore, Ming & Leighton, by Thaddeus B. Rowe, of Chicago (Moore, Ming & Leighton, Thaddeus B. Rowe, of Chicago, of counsel) for relator-appellant.

John Gutknecht, State's Attorney of Cook county, of Chicago (Gordon B. Nash, Charles D. Snewind, and William Sylvester White, Assistant State's Attorneys, of Chicago, of counsel) for respondents-appellees.

JUDGE SCHWARTZ delivered the opinion of the court.

Relator appeals from an order quashing a writ of habeas corpus and remanding him to the custody of appellees.

The facts are that the relator had been committed pursuant to a judgment entered December 23, 1955, on a verdict containing a special finding that malice was the gist of the action. In January 1956 a capias was ordered from the clerk of the court. Because of subsequent post-trial motions the capias...

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