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THE PEOPLE EX REL. STARKS v. FRYE

No. 40568.

39 Ill.2d 119 (1968)

233 N.E.2d 413

THE PEOPLE ex rel. Darrell E. Starks, Petitioner, v. MAX P. FRYE, Warden, Respondent.

Supreme Court of Illinois.

Opinion filed January 19, 1968.

Attorney(s) appearing for the Case

ELMER JENKINS, of Benton, appointed by the court, for petitioner.

WILLIAM G. CLARK, Attorney General, of Springfield, and JOSEPH W. HICKMAN, State's Attorney, of Benton, for respondent.

Petitioner discharged.

Mr. JUSTICE WARD delivered the opinion of the court:

The petitioner, Darrell E. Starks, received leave from this court to file an original petition for habeas corpus here pursuant to section 5 of article VI of the Illinois constitution. Ill. Const., art. VI, sec. 5.

The events leading to the petitioner's indictment and imprisonment are uncontroverted. On April 4, 1964, at approximately 4:00 A.M., petitioner while driving...

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