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PEOPLE v. CREQUE

No. 50467.

72 Ill.2d 515 (1978)

382 N.E.2d 793

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. FRANKLIN CREQUE, Appellee.

Supreme Court of Illinois.

Rehearing denied December 1, 1978.

Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger and Mary Ann Callum, Assistant State's Attorneys, of counsel), for the People.

James J. Doherty, Public Defender, of Chicago (John Thomas Moran, Assistant Public Defender, of counsel), for appellee.

Roosevelt Thomas and Akim Gursel, of Chicago, for amicus curiae the Cook County Bar Association.

Reversed and remanded.

MR. JUSTICE UNDERWOOD delivered the opinion of the court:

The defendant, Franklin Creque, was charged in Cook County with the March 13, 1977, aggravated battery and attempted murder of Martha Creque, his wife. At the conclusion of a March 31 preliminary hearing on these charges, the judge found no probable cause existed for the attempted murder charge, but did find probable cause to hold defendant...

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