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CREEK v. CLARK

No. 54471.

88 Ill.2d 54 (1981)

429 N.E.2d 1199

JIMMY L. CREEK, Appellee, v. HAROLD R. CLARK, Judge, et al., Appellants.

Supreme Court of Illinois.

Rehearing denied November 25, 1981.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield, and Donald Weber, State's Attorney, of Edwardsville (Martin N. Ashley and Stephen E. Norris, of the State's Attorneys Appellate Service Commission, of Mt. Vernon, of counsel), for the People.

Donald E. Groshong and G. Edward Moorman, of Groshong & Moorman, Ltd., of East Alton, for appellee.

Appellate court reversed; circuit court affirmed.

JUSTICE MORAN delivered the opinion of the court:

The defendant, Jimmy L. Creek, was charged by indictment in the circuit court of Madison County with reckless homicide. He moved to dismiss the indictment, claiming that the dismissal of a prior information based on the same occurrence prevented the State from subsequent prosecution. After defendant's motion was denied, he petitioned for a writ of habeas...

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