People v. Blackman

The State brings this appeal from an order dismissing a charge of murder against defendant, Michael Blackman. The central issue is whether a trial court may order the State to produce certain witnesses at a preliminary hearing in order to determine their competency and then dismiss the information under section 114 — 1(a)(9) of the Code of Criminal Procedure of 1963 (Ill. Rev. Stat. 1979, ch. 38, par. 114 — 1(a)(9)) if the State fails to comply.

On August 6, 1979, defendant was charged by information with murdering Walter Waligora by strangling and drowning him in a bathtub. At the time of the…