PEOPLE v. WITHERSPOON

No. 5-84-0246.

138 Ill. App.3d 414 (1985)

485 N.E.2d 1152

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellant, v. GARY WITHERSPOON, Defendant-Appellee.

Appellate Court of Illinois — Fifth District.

Opinion filed October 30, 1985.


Attorney(s) appearing for the Case

John Baricevic, State's Attorney, of Belleville (Kenneth R. Boyle and Stephen E. Norris, both of State's Attorneys Appellate Service Commission, of counsel), for the People.

Randy E. Blue and E. Joyce Randolph, both of State Appellate Defender's Office, of Mt. Vernon, for appellee.


Reversed and remanded.

JUSTICE KASSERMAN delivered the opinion of the court:

The instant appeal arises out of the State's charge that defendant, Gary Witherspoon, was a fugitive from justice. (Ill. Rev. Stat. 1983, ch. 60, par. 30.) Defendant filed a petition for writ of habeas corpus, which was granted after a hearing. The State now appeals.

• 1 Initially, the State contends that it was error for the court to proceed without notice of...

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