THE PEOPLE v. BOSTON

No. 41764.

49 Ill.2d 335 (1971)

274 N.E.2d 8

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. PERCY L. BOSTON, Appellant.

Supreme Court of Illinois.

Opinion filed September 30, 1971.


Attorney(s) appearing for the Case

W. ELBERT WASHINGTON, 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 ROBERT A. NOVELLE and ARTHUR BELKIND, Assistant State's Attorneys, of counsel,) for the People.


Reversed and remanded.

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

In 1966 Percy Boston filed a post-conviction petition in the Cook County circuit court seeking relief from 1964 convictions on pleas of guilty to rape and robbery. The Public Defender was appointed to represent him, the State moved to dismiss and, after argument, the petition was dismissed. No appeal was taken. Nearly two years later defendant filed a motion entitled "Motion...

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