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PEOPLE v. BALLARD

Nos. 46629, 46632.

59 Ill.2d 580 (1975)

322 N.E.2d 473

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. ALVIN M. BALLARD, Appellant. — THE PEOPLE OF THE STATE OF ILLINOIS et al., Appellees, v. GABRIEL NIETO, Appellant.

Supreme Court of Illinois.

Opinion filed January 21, 1975.

Attorney(s) appearing for the Case

Paul Bradley, First Deputy Defender, Office of State Appellate Defender, of Chicago (Brenda E. Richey, Assistant Appellate Defender, of counsel), for appellant.

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chiago (James B. Zagel and Jayne A. Carr, Assistant Attorneys General, and Patrick T. Driscoll, Jr., and John F. Brennan, Assistant State's Attorneys, of counsel), for the People.

Paul Bradley, First Deputy Defender, Office of State Appellate Defender, of Chicago (Allen L. Wiederer, Assistant Appellate Defender, of counsel), for appellant.

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (James B. Zagel and Jayne A. Carr, Assistant Attorneys General, and Patrick T. Driscoll, Jr., and John F. Brennan, Assistant State's Attorneys, of counsel), for the People.

Aff'd in pt. and rev'd in pt. and rem. Aff'd in pt. and rev'd in pt.

MR. JUSTICE DAVIS delivered the opinion of the court:

These cases were consolidated in this court after we granted petitions for leave to appeal in each respective case. The initial and common question to be decided in these cases is whether the appellate court was correct, sua sponte, in dismissing the appeals from the ordinance violations in question for failure of defendant-appellant...

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