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PEOPLE EX REL. JOHNSON v. PATE

No. 36595.

23 Ill.2d 409 (1961)

178 N.E.2d 398

THE PEOPLE ex rel. Frank Johnson, Petitioner, v. FRANK J. PATE, Warden, Respondent.

Supreme Court of Illinois.

Opinion filed November 30, 1961.

Attorney(s) appearing for the Case

GERALD W. GETTY, Public Defender, of Chicago, (JAMES J. DOHERTY, Assistant Public Defender, of counsel,) for petitioner.

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and JOHN T. GALLAGHER and JAMES R. THOMPSON, Assistant State's Attorneys, of counsel,) for respondent.

Petitioner discharged.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

This is an original petition for a writ of habeas corpus. The petitioner is a prisoner in the Illinois State Penitentiary. The indictment upon which he was convicted charged that on October 1, 1951, he unlawfully sold narcotics. On March 27, 1952, he was adjudged guilty and sentenced to the penitentiary for a term of not less than 5 nor more than 15 years.

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