People Ex Rel. MacMillian v. Napoli

This is an original mandamus action in which petitioner seeks to compel the judge before whom her criminal case is pending to treat as binding on him an order of another judge granting her pre-indictment motion to suppress evidence.

On April 8, 1965, Jane MacMillian filed her motion in the municipal division of the circuit court of Cook County to suppress the evidentiary use of narcotics found in her apartment. On May 11, she was indicted for unlawful possession of narcotics. On May 14, Judge Wendt granted the motion to suppress. On May 28, Judge Napoli of the criminal division of the circuit…