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PEOPLE EX REL. SEPANEK v. CRAINE

No. 75-98.

28 Ill. App.3d 1075 (1975)

329 N.E.2d 852

THE PEOPLE ex rel. JAMES SEPANEK, Petitioner-Appellant, v. DR. WILLIAM H. CRAINE, Administrator, Illinois State Penitentiary, Psychiatric Division, et al., Respondents-Appellees.

Appellate Court of Illinois — Fifth District.

May 23, 1975.

Attorney(s) appearing for the Case

Ralph Ruebner, of State Appellate Defender's Office, of Elgin, for appellant.

Herbert J. Lantz, State's Attorney, of Chester (Bruce D. Irish, of Illinois State's Attorneys Association, of counsel), for appellees.

Judgment affirmed.

Mr. PRESIDING JUSTICE JONES delivered the opinion of the court:

Petitioner appeals the dismissal of his petition for a writ of habeas corpus for its failure to state a cause of action.

Petitioner was indicted for the crime of aggravated battery on June 1, 1970. On January 14, 1971 he was found by a jury in a hearing pursuant to section 104-2 of the Code of Criminal Procedure (Ill. Rev. Stat. 1971, ch. 38, par. 104-2) to be incompetent...

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