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PEOPLE v. FREY

Nos. 43729, 43882.

54 Ill.2d 28 (1973)

294 N.E.2d 257

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. HARRY FREY, Appellee. — THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. EDWARD J. MIRMELLI, Appellant.

Supreme Court of Illinois.

Opinion filed March 20, 1973.

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 ROBERT A. NOVELLE and MICHAEL J. GOLDSTEIN, Assistant State's Attorneys, of counsel), for the People.

DENNIS J. HORAN, JEROME A. FRAZEL, JR., THOMAS J. CRISHAM, and DOLORES B. HORAN, of Chicago, for amicus curiae Dr. Bart Heffernan.

JAMES P. CHAPMAN and COGHLAN & JOYCE, all 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 ROBERT A. NOVELLE and MICHAEL J. GOLDSTEIN, Assistant State's Attorneys, of counsel), for the People.

Order affirmed. Judgments reversed.

PER CURIAM:

These two consolidated appeals present the issue of the efficacy of criminal prosecutions under the Illinois Abortion Statute in light of the recent United States Supreme Court decision of Roe v. Wade, 410 U.S. 113, 35 L.Ed.2d 147, 93 S.Ct. 705. The Illinois statute in both appeals is identical, and for clarity will be cited as...

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