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PEOPLE v. RUSH

No. 58016.

20 Ill. App.3d 165 (1974)

313 N.E.2d 171

THE PEOPLE OF THE STATE OF ILLINOIS, Respondent-Appellee, v. JOHN H. RUSH, Petitioner-Appellant.

Appellate Court of Illinois — First District (1st Division).

May 20, 1974.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Ian Levin, Assistant Public Defender, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Elmer C. Kissane, Russell Hartigan, and Frederic Chaimson, Assistant State's Attorneys, of counsel), for the People.

Order affirmed.

Mr. PRESIDING JUSTICE EGAN delivered the opinion of the court on the Petition for Rehearing:

On January 30, 1969, the defendant, John H. Rush, filed his verified petition under the Illinois Post-Conviction Hearing Act. (Ill. Rev. Stat. 1969, ch. 38, par. 122-1.) After argument by counsel, but without an evidentiary hearing, the trial court granted the State's motion to dismiss.

The basis of the petition is contained in that portion...

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