PEOPLE EX REL. HERNANDEZ v. ELROD

No. 54301.

86 Ill.2d 453 (1981)

THE PEOPLE ex rel. ADOLPHO HERNANDEZ, Appellee, v. RICHARD J. ELROD, Sheriff, Appellant.

Supreme Court of Illinois.

Rehearing denied November 25, 1981.


Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Springfield, and Richard M. Daley, State's Attorney, of Chicago (Melbourne A. Noel, Jr., and Mark L. Rotert, Assistant Attorneys General, of Chicago, and Marcia B. Orr and Iris E. Sholder, Assistant State's Attorneys, of counsel), for the People.

McCoy & Morris, of Chicago (Steven J. McCoy and Gilbert C. Schumm, of counsel), for appellee.


Appellate court reversed; circuit court affirmed.

MR. JUSTICE WARD delivered the opinion of the court:

The Governor of Illinois on July 14, 1978, issued a warrant ordering that the relator, Adolpho Hernandez, be arrested and given to the custody of an agent of the State of Massachusetts for extradition. In the warrant, the Governor recited that he had been presented with a copy of an indictment, certified by the...

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