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PEOPLE v. KENT

No. 44864.

54 Ill.2d 161 (1972)

295 N.E.2d 710

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. DENNIS KENT, Appellee.

Supreme Court of Illinois.

Opinion filed November 30, 1972.

Attorney(s) appearing for the Case

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 JAMES S. VELDMAN, Assistant State's Attorneys, of counsel), for the People.

JAMES J. DOHERTY, Public Defender, of Chicago (ELLIOT M. SAMUELS, Assistant Public Defender, of counsel), for appellee.

Reversed and remanded.

MR. JUSTICE SCHAEFER delivered the opinion of the court:

This case calls for an interpretation of the second paragraph of section 7 of article I of the 1970 constitution of Illinois, which provides:

"No person shall be held to answer for a crime punishable by death or by imprisonment in the penitentiary unless either the initial charge has been brought by indictment of a grand jury or the person has been given a prompt preliminary...

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