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THE PEOPLE v. KOSTAKEN

No. 33957.

10 Ill.2d 549 (1957)

141 N.E.2d 44

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. JOHN KOSTAKEN, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed March 20, 1957.

Attorney(s) appearing for the Case

CHARLES A. BELLOWS, and JASON ERNEST BELLOWS, both of Chicago, for plaintiff in error.

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

Cause transferred.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

In 1950 the defendant, John Kostaken, was convicted of armed robbery on his plea of guilty and was placed on probation for five years. On January 15, 1953, a warrant was issued for his arrest for violation of probation, and on December 15, 1954, an order was entered revoking his probation and sentencing him to imprisonment for a term of not less than one nor more than ten years. By...

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