PEOPLE v. MASSARELLA

No. 50113.

72 Ill.2d 531 (1978)

382 N.E.2d 262

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. BENEDETTO J. MASSARELLA et al., Appellees.

Supreme Court of Illinois.

Rehearing denied December 1, 1978.


Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield, and Bernard Carey, State's Attorney, of Chicago (Herbert Lee Caplan, Donald B. Mackay, and John F. Podliska, Assistant Attorneys General, of Chicago, of counsel), for the People.

Julius Lucius Echeles, Frederick F. Cohn, and Carolyn Jaffe, of Chicago, for appellees.


Reversed and remanded.

MR. JUSTICE CLARK delivered the opinion of the court:

The issue is whether the Attorney General properly appeared on behalf of the People before the grand jury. The Cook County grand jury on June 8, 1973, returned a 49-count indictment for conspiracy, perjury, theft and tax evasion against Benedetto J. Massarella; Bee Jay's Truck Stop, Inc., a corporation of which Massarella was president and sole shareholder; Mideast Transport, Inc...

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