UNITED STATES EX REL. BOMBACINO v. BENSINGER

No. 73-1175.

498 F.2d 875 (1974)

UNITED STATES of America ex rel. Joseph BOMBACINO, Petitioner-Appellee, v. Peter BENSINGER, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 19, 1974.


Attorney(s) appearing for the Case

William J. Scott, Atty. Gen., Charles H. Levad, Asst. Atty. Gen., Chicago, Ill., for respondent-appellant.

Patrick A. Tuite, Chicago, Ill., for petitioner-appellee.

Before CUMMINGS and STEVENS, Circuit Judges, and GRANT, Senior District Judge.


STEVENS, Circuit Judge.

The district court concluded that there was a constitutional defect in the statutory procedure by which Illinois determined to prosecute petitioner as an adult rather than as a juvenile; accordingly, the court issued a writ of habeas corpus ordering him released from custody. Since we find no constitutional infirmity in the Illinois procedure as it was applied in petitioner's case, we reverse.

In 1967 petitioner, who was then 16, was...

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