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THE PEOPLE v. HEAVEN

No. 41789.

44 Ill.2d 249 (1970)

255 N.E.2d 436

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. CURTIS HEAVEN, Appellant.

Supreme Court of Illinois.

Opinion filed January 21, 1970.

Attorney(s) appearing for the Case

S. JACK MICHELETTO, of Chicago, appointed by the court, for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and EDWARD V. HANRAHAN, State's Attorney, of Chicago, (JAMES B. ZAGEL, Assistant Attorney General, and ELMER C. KISSANE and JOHN R. McCLORY, Assistant State's Attorneys, of counsel,) for the People.

Judgment affirmed.

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

This appeal questions the propriety of the Cook County circuit court's allowance of the State's motion to dismiss Curtis Heaven's post-conviction petition. Ill. Rev. Stat. 1967, ch. 38, par. 122-1 et seq.

Petitioner appeared in court with retained counsel September 12, 1963, and pleaded not guilty to the charge of murder...

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