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PEO. EX REL. MOSS v. PATE

No. 38119.

30 Ill.2d 271 (1964)

195 N.E.2d 641

THE PEOPLE ex rel. Leo Moss, Petitioner, v. FRANK J. PATE, Warden, Respondent.

Supreme Court of Illinois.

Opinion filed January 22, 1964.

Attorney(s) appearing for the Case

GERALD W. GETTY, Public Defender, of Chicago, (JAMES J. DOHERTY and CORNELIUS E. TOOLE, Assistant Public Defenders, 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 respondent.

Petitioner discharged.

Mr. JUSTICE UNDERWOOD delivered the opinion of the court:

Petitioner brings this original habeas corpus action pursuant to section 22 of the Habeas Corpus Act (Ill. Rev. Stat. 1961, chap. 65, par. 22, subpar. 2,) seeking release from the penitentiary where he is confined under the following undisputed circumstances: On August 25, 1961, petitioner was sentenced to one year's imprisonment in the Illinois State Farm at Vandalia by...

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