THE PEOPLE v. FERGUSON

No. 35844.

20 Ill.2d 295 (1960)

170 N.E.2d 171

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff in Error, v. HENRY C. FERGUSON, Defendant in Error.

Supreme Court of Illinois.

Rehearing denied November 30, 1960.


Attorney(s) appearing for the Case

EUCLID LOUIS TAYLOR, and CASIMIR R. WACHOWSKI, both of Chicago, for defendant in error.

GRENVILLE BEARDSLEY, Attorney General, of Springfield, and BENJAMIN S. ADAMOWSKI, State's Attorney, of Chicago, (FRED G. LEACH, and JIM D. KEEHNER, Assistant Attorneys General, and FRANCIS X. RILEY, and JAMES R. THOMPSON, Assistant State's Attorneys, of counsel,) for the People.


Reversed and remanded.

Mr. CHIEF JUSTICE SCHAEFER delivered the opinion of the court:

Judgment in this case was announced at the May, 1960, term, and this opinion sets forth the reasons for the conclusion then announced.

The case presents two important questions of criminal procedure. The first concerns the right of the People to a writ of error to review a judgment which sustained a "plea in bar" to an indictment and discharged the defendant, and...

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