THE PEOPLE OF THE STATE OF ILLINOIS, Appellee,
v.
DAID WARR, Appellant. — THE PEOPLE ex rel. EUGENE HENRY FINCH, Appellant,
v.
RICHARD ENGLISH, Warden, Appellee. — THE PEOPLE OF THE STATE OF ILLINOIS, Appellee,
v.
EUGENE HENRY FINCH, Appellant. — THE PEOPLE ex rel., THOMAS JOHNSON, Appellant,
v.
SHERIFF OF COOK COUNTY et al., Appellees.
Supreme Court of Illinois.https://leagle.com/images/logo.png
Opinion filed June 25, 1973.
Opinion filed June 25, 1973.
Attorney(s) appearing for the Case
JAMES J. DOHERTY, Public Defender, of Chicago (JOHN T. MORAN, JR., Assistant Public Defender, of counsel), for appellant.
WILLIAM J. SCOTT, Attorney General, of Springfield, and BERNARD CAREY, State's Attorney, of Chicago (JAMES B. ZAGEL, Assistant Attorney General, and ELMER C. KISSANE and WILLIAM K. HEDRICK, Assistant State's Attorneys, of counsel), for the People.
GERALD W. GETTY, Public Defender, of Chicago (JOHN T. MORAN, JR., and JAMES J. DOHERTY, Assistant Public Defenders, of counsel), 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 JAMES E. STERNIK, Assistant State's Attorneys, of counsel), for appellee.
JAMES J. DOHERTY, Public Defender, of Chicago (JOHN T. MORAN, JR., of counsel), for appellant.
WILLIAM J. SCOTT, Attorney General, of Springfield, and BERNARD CAREY, State's Attorney, of Chicago (JAMES B. ZAGEL, Assistant Attorney General, and ELMER C. KISSANE and WILLIAM K. HEDRICK, Assistant State's Attorneys, of counsel), for the People.
JAMES J. DOHERTY, Public Defender, of Chicago (JAMES N. GRAMENOS, of counsel), for appellant.
WILLIAM J. SCOTT, Attorney General, of Springfield, and BERNARD CAREY, State's Attorney, of Chicago (ELMER C. KISSANE, of counsel), for appellee.
Supreme Court of Illinois.
Reversed and remanded.
MR. JUSTICE SCHAEFER delivered the opinion of the court:
These cases, together with People v. Davis (1973), 54 Ill.2d 494, involve collateral attacks on misdemeanor convictions. Each case was dismissed because the right remedy had not been invoked. The issue in each case, therefore, is not whether the constitutional rights of the defendant were violated, but whether the defendant is entitled...
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