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THE PEOPLE v. KALPAK

No. 33972, 34027 Cons.

10 Ill.2d 411 (1957)

140 N.E.2d 726

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. JAMES KALPAK et al., Plaintiffs in Error.

Supreme Court of Illinois.

Rehearing denied March 19, 1957.

Attorney(s) appearing for the Case

CHARLES A. BELLOWS, and JASON ERNEST BELLOWS, both of Chicago, for plaintiff in error James Kalpak, and GERALD W. GETTY, Public Defender, of Chicago, for plaintiff in error James E. Johnson.

LATHAM CASTLE, Attorney General, of Springfield, and JOHN GUTKNECHT, State's Attorney, of Chicago, (FRED G. LEACH, IRWIN D. BLOCH, JOHN T. GALLAGHER, RUDOLPH L. JANEGA, and WILLIAM L. CARLIN, of counsel,) for the People.

Affirmed as to Kalpak; reversed and remanded as to Johnson.

Mr. JUSTICE DAVIS delivered the opinion of the court:

The defendants, James Kalpak and James E. Johnson, were jointly indicted for the crime of abortion by the grand jury of Cook County. Each defendant made a motion for a separate trial, which was denied, and to suppress certain evidence which police officers allegedly obtained by an unlawful search and...

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