The People v. Petruso

Defendant, Dominick Petruso, was tried in the circuit court of Winnebago County and convicted of rape. He has appealed and contends, as he did in a pretrial motion to dismiss the charge, that he was denied his constitutional and statutory rights to a preliminary hearing, that the grand jury which indicted him was illegally selected and drawn and that the indictment was defective.

The record discloses that defendant was arrested on May 21, 1965. Four days later he was brought before a magistrate at which time the complaint was read to him and he was advised of his right to counsel and of his…