PEOPLE EX REL. MacMILLIAN v. NAPOLI

No. 39488.

35 Ill.2d 80 (1966)

219 N.E.2d 489

THE PEOPLE ex rel. Jane MacMillian, Petitioner, v. ALEXANDER J. NAPOLI, Judge, Respondent.

Supreme Court of Illinois.

Rehearing denied September 21, 1966.


Attorney(s) appearing for the Case

MARSHALL PATNER, of Chicago, for petitioner.

DANIEL P. WARD, State's Attorney, of Chicago, (ELMER C. KISSANE and KENNETH L. GILLIS, Assistant State's Attorneys, of counsel,) for respondent.


Writ awarded.

Mr. JUSTICE HOUSE delivered the opinion of the court:

This is an original mandamus action in which petitioner seeks to compel the judge before whom her criminal case is pending to treat as binding on him an order of another judge granting her pre-indictment motion to suppress evidence.

On April 8, 1965, Jane MacMillian filed her motion in the municipal division of the circuit court of Cook County to suppress the evidentiary use...

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