People v. Carroll

Supplemental Opinion Upon Rehearing

We have allowed defendant’s petition for rehearing, to review his contention that we erred in holding that defendant could not be given credit for the period of incarceration commencing on March 7, 1963, and terminating with his release from Menard on September 1, 1963.

We have considered the case of People ex rel. Gregory v. Pate, 31 Ill2d 592, 203 NE2d 425, and in view of the Supreme Court’s holding that the provisions of section 119-3 of the Code of Criminal Procedure (c 38, § 119-3, Ill Rev Stats 1965) apply retroactively, we conclude that we erred in our…