PEOPLE v. PETERSON

Nos. 49935, 50067.

74 Ill.2d 478 (1978)

384 N.E.2d 348

THE PEOPLE OF THE STATE OF ILLINOIS, Appellee, v. CHARLES W. PETERSON, Appellant. — In re DOUGLAS McMILLAN, a Minor, Appellee. — (The People of the State of Illinois, Appellant.)

Supreme Court of Illinois.

Rehearing denied January 25, 1979.


Attorney(s) appearing for the Case

Mary Robinson, Deputy Defender, and Mark Schuster, Assistant Defender, of the Office of the State Appellate Defender, of Elgin, for appellant.

William J. Scott, Attorney General, of Springfield (Donald B. Mackay, of Chicago, and Philip Weber, of Springfield, Assistant Attorneys General, of counsel), for the People.

William J. Scott, Attorney General, of Springfield, and Carl E. Hawkinson, State's Attorney, of Galesburg (Donald B. Mackay and Philip Weber, of Springfield, and Melbourne A. Noel, of Chicago, Assistant Attorneys General, and James E. Hinterlong and Linda M. Vodar, of the Illinois State's Attorneys Association Prosecutors' Appellate Service, of Ottawa, of counsel), for the People.

Robert Agostinelli, Deputy Defender, and Michael J. Pelletier, Assistant Defender, of the Office of the State Appellate Defender, of Ottawa, for appellee.


Appellate court affirmed in part and modified in part; circuit court vacated; cause remanded. Vacated and remanded.

MR. JUSTICE CLARK delivered the opinion of the court:

These consolidated cases involve the admissibility, in probation revocation proceedings, of the accused probation violator's allegedly involuntary confession and its fruits. We hold that the involuntary confession of an accused probation violator and the fruits of such a confession are inadmissible...

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