McDOWELL v. THE PEOPLE

No. 38664.

33 Ill.2d 121 (1965)

210 N.E.2d 533

WILLIAM H. McDOWELL, JR., Plaintiff in Error, v. THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error.

Supreme Court of Illinois.

Opinion filed September 28, 1965.


Attorney(s) appearing for the Case

MITCHELL & GREEN, of Murphysboro, for plaintiff in error.

WILLIAM G. CLARK, Attorney General, of Springfield, and RICHARD E. RICHMAN, State's Attorney, of Murphysboro, (FRED G. LEACH and WILLIAM A. BOMP, Assistant Attorneys General, of counsel,) for the People.


Reversed and remanded.

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

In 1958 William H. McDowell, Jr., then twenty-eight years of age, was charged with the crime of armed robbery. On a plea of guilty he was sentenced by the circuit court of Jackson County, under the Habitual Criminal Act, (Ill. Rev. Stat. 1957, chap. 38, par. 603.1 et seq.) to imprisonment for a term of twenty-five to forty years. In 1962 he filed this petition in...

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