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PEOPLE EX REL. KUBALA v. KINNEY

No. 37090.

25 Ill.2d 491 (1962)

185 N.E.2d 337

THE PEOPLE ex rel. Charles Kubala, Petitioner, v. CHARLES F. KINNEY, et al., Respondent.

Supreme Court of Illinois.

Opinion filed September 28, 1962.

Attorney(s) appearing for the Case

THOMAS P. SULLIVAN, of Chicago, (THOMPSON, RAYMOND, MAYER & JENNER, of counsel,) for petitioner.

WILLIAM G. CLARK, Attorney General, of Springfield, (FRED G. LEACH and E. MICHAEL O'BRIEN, Assistant Attorneys General, of counsel,) for respondents.

Writ awarded.

Mr. JUSTICE HOUSE delivered the opinion of the court:

The question involved in this original mandamus action is whether the proviso added to section 1 of the Sentence and Parole Act (Ill. Rev. Stat. 1961, chap. 38, par. 801) "that every person sentenced to the penitentiary regardless of the length of such sentence shall be eligible for parole at the end of 20 years" applies to persons sentenced...

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