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PEOPLE v. DAVIS

No. 44473.

54 Ill.2d 494 (1973)

298 N.E.2d 161

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

Supreme Court of Illinois.

Opinion filed June 25, 1973.

Attorney(s) appearing for the Case

PETER B. CAREY, of Chicago, 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 ELMER C. KISSANE and WILLIAM D. WOLTER, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

MR. JUSTICE RYAN delivered the opinion of the court:

The defendant, James Davis, has appealed from the circuit court of Cook County, which dismissed his amended post-conviction petition without an evidentiary hearing.

In 1967, the defendant was indicted for a felony in Cook County, convicted and given five years' probation. On July 3, 1969, he was convicted of criminal trespass to a...

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