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THE PEOPLE v. NELSON

No. 36260.

25 Ill.2d 38 (1962)

182 N.E.2d 704

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. IRA NELSON, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed May 25, 1962.

Attorney(s) appearing for the Case

JAMES G. HIERING, of Chicago, appointed by the court, for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and DANIEL P. WARD, State's Attorney, of Chicago, (FRED G. LEACH and E. MICHAEL O'BRIEN, Assistant Attorneys General, and JOHN T. GALLAGHER and EDWIN J. BELZ, Assistant State's Attorneys, of counsel,) for the People.

Judgment reversed.

Mr. JUSTICE HOUSE delivered the opinion of the court:

Defendant, Ira Nelson, was found guilty of armed robbery by a jury in the criminal court of Cook County and was sentenced to the penitentiary under the Habitual Criminal Act for a term of not less than five years nor more than life. On this writ of error defendant contends that the trial court erred in refusing to discharge him under the four-months statute (Ill. Rev. Stat. 1959, chap...

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