PEOPLE v. HOWARTH

No. 32747.

415 Ill. 499 (1953)

114 N.E.2d 785

THE PEOPLE OF THE STATE OF ILLINOIS, Defendant in Error, v. NELSON HOWARTH et al., Plaintiffs in Error.

Supreme Court of Illinois.

Opinion filed September 24, 1953.


Attorney(s) appearing for the Case

BROWN, HAY & STEVENS, and NELSON O. HOWARTH, both of Springfield, (PAUL W. GORDON, and JOHN B. STODDART, JR., of counsel,) for plaintiffs in error.

LATHAM CASTLE, Attorney General, of Springfield, and C. MARVIN HAMILTON, State's Attorney, of Lincoln, (JOHN L. DAVIDSON, JR., FRED G. LEACH, and HARRY L. PATE, of counsel,) for the People.

RICHARD F. BABCOCK, LEON M. DESPRES, F. RAYMOND MARK, JR., and GEORGE W. OVERTON, all of Chicago, for American Civil Liberties Union, amicus curiae; ALEX ELSON, and G. NORMAN KENNEDY, both of Chicago, and GEORGE F. NICHOLS, of Dixon, for Illinois State Bar Association, amicus curiae; and CLAUDE M. SWANSON, of Paxton, amicus curiae.


Judgment reversed.

Mr. JUSTICE HERSHEY delivered the opinion of the court:

On November 6, 1952, Nelson A. Howarth, an attorney, together with Alan Wyneken and LeRoy Clapper, his clients, were adjudged to be in contempt of court in the filing of a certain petition in the circuit court of Logan County, were each ordered to pay fines, and received separate jail sentences. They appear in this court as plaintiffs in error...

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