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PEOPLE EX REL. HERRING v. WOODS

No. 40426.

37 Ill.2d 435 (1967)

226 N.E.2d 594

THE PEOPLE ex rel. Donald H. Herring, Appellant, v. JOSEPH I. WOODS, Sheriff, et al., Appellees.

Supreme Court of Illinois.

Opinion filed May 18, 1967.

Attorney(s) appearing for the Case

STANLEY A. BASS and MELVIN B. GOLDBERG, both of Chicago, appointed by the court, for appellant.

WILLIAM G. CLARK, Attorney General, of Springfield, and JOHN J. STAMOS, State's Attorney, of Chicago, (FRED G. LEACH, Assistant Attorney General, and ELMER C. KISSANE and DAVID B. SELIG, Assistant State's Attorneys, of counsel,) for appellees.

Reversed and remanded.

Mr. JUSTICE SCHAEFER delivered the opinion of the court:

This is a direct appeal from a judgment of the circuit court of Cook County which dismissed a petition for a writ of habeas corpus. The motion to dismiss filed by the respondents, who are the sheriff of Cook County and the warden of the Cook County jail, admitted the following facts alleged in the petition: The petitioner, Donald H. Herring, was arrested on March 18, 1966...

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