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PEOPLE v. HILLIARD

Nos. 62960, 77-287 cons.

65 Ill. App.3d 642 (1978)

382 N.E.2d 441

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. WILBUR N. HILLIARD, JR., Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

Modified on denial of rehearing November 22, 1978.

Attorney(s) appearing for the Case

James J. Doherty, Public Defender, of Chicago (Allan R. Sincox and Frances Sowa, Assistant Public Defenders, of counsel), for appellant.

Bernard Carey, State's Attorney, of Chicago (Lee T. Hettinger and Mary Ellen Dienes, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE SIMON delivered the opinion of the court:

The defendant, Wilbur N. Hilliard, was found guilty by a jury of murdering James Dulin. While his direct appeal was pending in this court, the defendant filed petitions for relief in the alternative under section 72 of the Illinois Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, par. 72) or under the Illinois Post Conviction Hearing Act (Ill. Rev. Stat. 1975, ch. 38, pars. 122...

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