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PEOPLE v. DALE

No. 31411.

406 Ill. 238 (1950)

92 N.E.2d 761

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. FRANK DALE, Plaintiff in Error.

Supreme Court of Illinois.

Opinion filed May 18, 1950.

Attorney(s) appearing for the Case

FERLIC & GANNON, of Chicago, (CHARLES A. BELLOWS, of counsel,) for plaintiff in error.

IVAN A. ELLIOTT, Attorney General, of Springfield, (WILLIAM C. WINES, RAYMOND S. SARNOW, and JAMES C. MURRAY, all of Chicago, of counsel,) for the People.

HAROLD A. SMITH, and ALBERT E. JENNER, JR., both of Chicago, (JOHN PAUL STEVENS, CALVIN P. SAWYIER, and EDWARD I. ROTHSCHILD, of counsel,) for amici curiae.

Reversed and remanded.

Mr. JUSTICE SIMPSON delivered the opinion of the court:

This case, here on writ of error, involves the validity of the Post-Conviction Act which the criminal court of Cook County held unconstitutional. Frank Dale, plaintiff in error, was convicted in that court August 22, 1933, under the Habitual Criminal Act and sentenced to the Illinois State Penitentiary for his natural life. Alleging that he had been deprived of due process of law...

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