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THE PEOPLE v. WHITTINGTON

No. 42077.

46 Ill.2d 405 (1970)

265 N.E.2d 679

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. JAMES WHITTINGTON, Appellant.

Supreme Court of Illinois.

Opinion filed October 7, 1970.

Attorney(s) appearing for the Case

ROBERT L. BUTLER, of Marion, appointed by the court, for appellant.

WILLIAM J. SCOTT, Attorney General, of Springfield, and J. LEWIS WINGATE, State's Attorney, of Vienna, (FRED G. LEACH, Assistant Attorney General, of counsel,) for the People.

Affirmed in part and reversed in part.

Mr. JUSTICE KLUCZYNSKI delivered the opinion of the court:

This is an appeal from a judgment of the circuit court of Johnson County dismissing, on motion, James Whittington's petition for post-conviction relief.

On October 13, 1967, petitioner, together with another prisoner, escaped from the Vienna Branch of the Illinois State Penitentiary where he had been serving sentences for forgery and armed robbery. In...

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