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[DOWNLOAD] "Peo. Ex Rel. Moss v. Pate" by Supreme Court of Illinois # eBook PDF Kindle ePub Free

Peo. Ex Rel. Moss v. Pate

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eBook details

  • Title: Peo. Ex Rel. Moss v. Pate
  • Author : Supreme Court of Illinois
  • Release Date : January 22, 1964
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Petitioner brings this original habeas corpus action pursuant to section 22 of the Habeas Corpus Act (Ill. Rev. Stat. 1961, chap. 65, par. 22, subpar. 2,) seeking release from the penitentiary where he is confined under the following undisputed circumstances: On August 25, 1961, petitioner was sentenced to one year's imprisonment in the Illinois State Farm at Vandalia by the municipal court of Chicago. On October 6, 1961, petitioner was returned to Chicago for a hearing in the criminal court of Cook County on a charge of violation of probation and was sentenced to the penitentiary for not less than one year nor more than two years. On October 27, 1961, petitioner was received at Stateville Penitentiary where a warrant was lodged against him from Vandalia. On July 6, 1963, petitioner was discharged from imprisonment under the one-to-two-year sentence after having served the maximum term thereof. However, he was not set at liberty but was detained in the penitentiary under the warrant from Vandalia and a transfer order from Vandalia to Stateville, where he is serving the balance of the one-year sentence imposed by the municipal court of Chicago on August 25, 1961. Petitioner contends that he was entitled to a release from custody on July 6, 1963, under the provisions of the act of 1957, relating to merger of sentences, (Ill. Rev. Stat. 1961, chap. 108, par. 49.1,) which state: ""If a prisoner serving a sentence for a misdemeanor in any municipal or county jail, house of correction or workhouse is convicted by a court of a felony carrying a greater sentence in the penitentiary, such court may impose sentence of commitment to the penitentiary. If the court does so impose sentence, the prisoner shall be ordered transferred promptly to the penitentiary and the misdemeanor sentence shall be merged in and run concurrently with the felony sentence.""


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