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PEOPLE v. EALY

Nos. 76-807, 76-1045 cons.

49 Ill. App.3d 922 (1977)

365 N.E.2d 149

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES EALY, Defendant-Appellant. — THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. JAMES EALY, a/k/a Daniel Walter, Defendant. — (THE DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES, Petitioner-Appellant.)

Appellate Court of Illinois — First District (2nd Division).

Opinion filed May 31, 1977.

Attorney(s) appearing for the Case

Marc O. Been and Gary H. Palm, both of Chicago, for appellant James Ealy.

Barbara A. Weiner and William J. Fitzpatrick, both of Chicago, for appellant The Department of Mental Health and Developmental Disabilities.

Bernard Carey, State's Attorney, of Chicago (Laurence J. Bolon, James S. Veldman, and William F. Ward, Jr., Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

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

These consolidated appeals concern defendant, James Ealy, who was found unfit to stand trial on a robbery charge (Ill. Rev. Stat. 1975, ch. 38, pars. 1005-2-1, 18-1), yet not "in need of mental treatment" as that phrase is defined in the Mental Health Code (Ill. Rev. Stat. 1975, ch. 91 1/2, par. 1-11). In case number 76...

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