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PEOPLE v. LATIMORE

No. 78-88.

67 Ill. App.3d 243 (1978)

384 N.E.2d 829

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. CHARLES LATIMORE et al., Defendants-Appellees.

Appellate Court of Illinois — First District (5th Division).

Opinion filed December 8, 1978.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger and Iris E. Sholder, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (Marc Fogelberg, Assistant Public Defender, of counsel), for appellees.

Reversed and remanded.

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

The State appeals the dismissal of an indictment charging defendants with deviate sexual assault and the issue presented is whether, under all the facts and circumstances, the five month interim between the occurrence and the indictment deprived them of due process.

It appears that at Cook County Jail, tier E-2, during the midnight shift on September 8, 1976,...

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