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PEOPLE v. FERRO

Gen. No. 69-98.

120 Ill. App.2d 259 (1970)

256 N.E.2d 886

The People of the State of Illinois, Plaintiff-Appellant, v. Gerald M. Ferro, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Rehearing denied April 6, 1970.

Attorney(s) appearing for the Case

Gerald D. Owens, State's Attorney of Franklin County, of Benton, for appellant.

Medlin, Zimmer and South, of Carbondale, for appellee.

GOLDENHERSH, J.

The People of the State of Illinois appeal from the judgment of the Circuit Court of Franklin County dismissing an indictment and discharging the defendant, Gerald M. Ferro, from custody.

The record shows the Grand Jury returned an indictment charging defendant with the murder of one John L. Myers. Defendant filed a motion stating inter alia:

"5. That the question of Gerald Ferro's responsibility for his conduct at the time in question...

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