ELSTON v. FRYE

No. 41027.

40 Ill.2d 485 (1968)

240 N.E.2d 671

HOWARD CLIFFORD ELSTON, Appellant, v. MAX FRYE, Warden, Appellee.

Supreme Court of Illinois.

Opinion filed September 24, 1968.


Attorney(s) appearing for the Case

W.H. KASTEN, of Springfield, appointed by the court, for appellant.

WILLIAM G. CLARK, Attorney General, and RAYMOND L. TERRELL, State's Attorney, both of Springfield, (FRED G. LEACH, Assistant Attorney General, and RICHARD A. HOLLIS, First Assistant State's Attorney, of counsel,) for the People.


Judgment affirmed.

Mr. JUSTICE UNDERWOOD delivered the opinion of the court:

On September 15, 1942, petitioner Howard Clifford Elston and two other defendants pleaded guilty in the Sangamon County circuit court to the charge of burglary and larceny, and after a finding of guilty Elston was sentenced to the Illinois State Penitentiary for a term of one year to life. In November, 1946, petitioner was released on parole...

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