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People Ex Rel. Ward v. Moran

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eBook details

  • Title: People Ex Rel. Ward v. Moran
  • Author : Supreme Court of Illinois
  • Release Date : January 04, 1973
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

We granted leave to the State's Attorney of Christian County to file an original action for mandamus seeking to compel respondent, the Appellate Court, Fifth District, to vacate that portion of its judgment which granted probation to respondent, Harold Broverman. Broverman was convicted of theft and forgery following a bench trial in the circuit court of Christian County on January 27, 1970. After hearing evidence in mitigation, the trial court sentenced him to concurrent terms of 1 to 3 and 1 to 5 years in the penitentiary. The appellate court affirmed these convictions but vacated the sentences and directed the trial court to admit him to probation under such terms and conditions as might be set by the trial court. (People v. Broverman (1972), 4 Ill. App.3d 929.) The narrow issue presented is whether the appellate court was vested with authority to order that respondent be so admitted to probation.


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